When will defence counsel object to a medical report?

British Columbia, Canada


The following excerpt is from Ezzati v. Kovacs & Hu, 2002 BCSC 1498 (CanLII):

While defence counsel did not object to the medical report when it was delivered, that is not the end of the matter. The fact is that the medical/legal report is wholly deficient and I adopt the comments of Madam Justice Boyd in Kerby v. Carr as being apropos to the circumstances here. The court said, at para. 11: The simple matter is that this report does not go anywhere near meeting the requirements of the Rule. In my view, to exercise my discretion and invite the plaintiff’s expert to nevertheless testify would be to invite mischief and to signal not only to counsel in this case but to the profession at large that this type of report will be tolerated. In my view, that is not in the interests of the law generally. . . .

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