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

Ontario, Canada


The following excerpt is from College of Physicians and Surgeons of Ontario v. Tan, 2021 ONCPSD 26 (CanLII):

The College also recognized that, because our decision had not been released, the threshold set out in the first part of the Cook/Sagaz test should be lowered, such that the evidence may be admitted where it may affect the outcome: see Brasseur v. York, 2019 ONSC 4043.

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