What is the test for proof of necessity in a medical malpractice case?
Ontario, Canada
The following excerpt is from Mackenzie v. Hamilton, 2009 CanLII 23110 (ON SC):
Counsel for the plaintiff argued that proof of necessity must come from the first physician, who must state that he or she is not qualified to give an opinion on the subject and suggests that another physician is more qualified to give the opinion. Counsel relies on the decision in Moore v. Royal Insurance Company of Canada (2006) O.J. No. 166 (S.C.J.) for this proposition.
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