What is the current state of the law on the right of an applicant at a medical malpractice hearing to file new evidence at the hearing?

Alberta, Canada


The following excerpt is from Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation), 2011 ABCA 345 (CanLII):

In the present case, there has been no restriction placed on the worker’s right to file new evidence at the hearing. The worker’s representative has not questioned the credibility or expertise of the physicians. He has not reviewed their opinions and identified potential errors, incomplete facts or unsubstantiated conclusions. We rely on Kuntz v. College of Physicians, 4 A.C.W.S. (3d) 337 where the court denied cross examination when the applicant’s affidavit failed to identify facts that were wrong or sources of information that were unreliable. ...

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