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ARTICLE · 24 DECEMBER 2013

Non-Compliance With Rule 53.03 Limits The Testimony Of Treating Physicians

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In the recently released decision of Spirito v Trillium Health Centre, 2013 ONSC 5238, the Ontario Superior Court limited the testimony of treating physicians who had not complied with Rule 53.03 of the Rules of Civil Procedure.

CanadaInsurance
Edona Vila
Edona Vila
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In the recently released decision of Spirito v Trillium Health Centre, 2013 ONSC 5238, the Ontario Superior Court limited the testimony of treating physicians who had not complied with Rule 53.03 of the Rules of Civil Procedure.

This issue arose in the context of medical malpractice litigation following the death of a patient, Emilio Spirito, at Trillium Health Center. Mr. Spirito's estate and his family sued the treating physicians, hospital and nurses in negligence. The claim was dismissed in its entirety.

At the commencement of trial, the plaintiffs sought leave, under section 52 of the Evidence Act to file medical reports of two treating physicians and to call them as expert witnesses. The plaintiffs had not complied with the notice requirement for filing medical reports under the Evidence Act. Nor had they complied with the requirements of Rule 53.03.

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