In Griffi v. Lee, J.W. Quinn J. said that after considering the relevant factors, the court should step back, look at the whole picture and ensure that a proper balance is struck between the accountability of counsel and the interests of justice. In this case, neither counsel was aware of the documents before the doctor testified and I do not consider counsel accountability to be a significant consideration. The interests of justice are the key consideration and they require that the plaintiff be given an opportunity to answer questions about the documents.
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