Vickers v. Palacious, 2015 CarswellOnt 20889
Released October 27, 2015 | Ruling [OTLA Document Bank]
As part of the plaintiff’s case during this personal injury action, the plaintiff filed the reports of two radiologists. The defendant did not request that the radiologists be presented for cross-examination, either before trial or during the plaintiff’s case. After the plaintiff had closed her case, counsel for the defendant moved for a ruling that the defendant be permitted to cross-examine the radiologists in question. The defendant submitted that the right to do so by way of cross-examination rather than examination in chief arose because the radiologists were essentially the plaintiff’s witnesses.
Justice James denied the defendant’s request, noting that there were no unusual circumstances or out-of-order witnesses that would warrant a defendant being permitted to make such request. Justice James left the defendant with the option of calling the radiologists as part of the defendant’s case, noting that they would be considered the defendant’s witnesses “with the usual considerations and implications attaching”.
Read the ruling on the OTLA Document Bank