Deceased expert's report admitted due to crucial timing, but replacement expert's report excluded for lacking matching specialty.
In a preliminary issue hearing for a statutory accident benefits arbitration, the insurer sought to admit the medical report of an expert who died before the hearing, as well as a critique report by a different doctor to stand in his place.
The arbitrator admitted the deceased doctor's report, noting it was prepared at a crucial time when benefits were terminated and no other examination could be obtained, though its weight would be adjusted since he could not be cross-examined.
However, the arbitrator refused to admit the second doctor's report or allow him to testify, as there was no evidence he shared the same medical specialty as the deceased expert.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 18, 2003
