What is the test for admissibility of expert evidence in medical malpractice cases?
Ontario, Canada
The following excerpt is from Morgan v. Herman Miller Canada Inc., 2013 HRTO 650 (CanLII):
The seminal case on the issue of the admissibility of expert evidence is R v. Mohan, 1994 CanLII 80 (SCC), [1994] 2 S.C.R. 9, which discusses the following criteria: relevance; necessity; the absence of an exclusionary rule and; a properly qualified expert.
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