What is the test for excluding relevant evidence in a medical malpractice case?

The basic principle actuating the system of justice is that cases are to be determined on their merits. As Barr J. observed in Hunter v. Ellenberger (1988), 25 C.P.C. (2d) 14 (S.C. (T.D.)): 7. In my view, it should be remembered that any time a court excludes relevant evidence the court's ability to reach a just verdict is compromised. Relevant evidence should not be excluded on technical grounds, such as lack of timely delivery of a report, unless the court is satisfied that the prejudice to justice involved in receiving the evidence exceeds the prejudice to justice involved in excluding it.