What is the test for “necessity” in a medical malpractice case?
Ontario, Canada
The following excerpt is from Weingerl v. Seo, 2003 CanLII 13285 (ON SC):
The same principle was articulated by Rosenberg J.A. in Taylor v. Sawh, [2000] O.J. No. 257 at para.18, in which he stated that “necessity refers to information that is likely to be outside the experience and knowledge of the jury.”
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