Another leading authority is the decision of Madam Justice MacKenzie in Cunningham v. Slubowski, 2003 BCSC 1854 [Cunningham]. In that case, MacKenzie J. was dealing with an application by the plaintiff to admit clinical records of a family doctor. The application was brought pre-trial. The family doctor in question had produced an expert report that was ruled admissible in evidence and counsel for the defendants was expecting to cross‑examine that doctor at the trial.
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