Can a medical report be considered opinion evidence?
New Brunswick, Canada
The following excerpt is from 20219623 (Re), 2022 CanLII 1647 (NB WCAT):
Medical reports are opinion evidence. Opinion evidence, as stated in policy 21-113 Decision‑making (release 4), is indirect evidence from experts. As stated in Kushnir v. Macari, 2017 ONSC 307 (CanLII) at paragraph 31 “If the parties cannot rely on the reports being actually written by the author of the report, it attacks the very foundation and purpose of the expert report in the first place, and frankly wreaks havoc with the litigation process”.
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