Is there any evidence that any records have gone missing?
Ontario, Canada
The following excerpt is from Hassan v. Dunraj, 2014 ONSC 7374 (CanLII):
There is no evidence that any records have gone missing. The handwritten notes on the records made by doctors other than the responding doctors can be transcribed and deciphered. There is no suggestion that witnesses are unavailable. Examinations for discovery have not yet taken place. In the absence of any evidence to the contrary, I am prepared to draw the inference that nothing has been lost that might benefit the defence of the proposed doctors. This is in keeping with the approach taken by my brother McIsaac J. in McArthur v. Kaal, 147 A.C.W.S. (3d) 972, 2006 CarswellOnt 2310.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the effect of a full review of the entire record of evidence? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
Are Pizza Pizza forms a "business record" under s. 30 of the Canada Evidence Act? (Ontario, Canada)
Is a tape recording of testimony before a superior court of criminal jurisdiction a protected record? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
In determining whether an employer has led sufficient evidence to give rise to a practical evidentiary burden, what is the test for this type of evidence? (Ontario, Canada)
How have the principals of the Rules of Civil Procedure apply to evidence that contradicts the evidence given by the complainants in their cross-examinations? (Ontario, Canada)
What impact would the inclusion of the evidence in the context of section 24(2) of the Charter under which the evidence is excluded? (Ontario, Canada)
On a motion for summary judgment, does the record contain all evidence that the parties will present if there is a trial? (Ontario, Canada)
