What is the test for a plaintiff to justify a claim against an occupational therapist or rehabilitation consultant?
British Columbia, Canada
The following excerpt is from Ali v Stacey, 2020 BCSC 465 (CanLII):
Each part of the claim must be supported by the medical evidence. If the plaintiff relies on the report of an occupational therapist or rehabilitation consultant, there must be an evidentiary link between the medical evidence and the recommendations in the report; Gignac at para. 31. If the plaintiff has not used or sought out a service in the past, it will usually be difficult for her to justify a claim in respect of that service; Warrick v. Diwell, 2018 BCCA 53 at para. 55.
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