The intent of Rule 41.01 is unachievable if prior adverse comments about an expert witness are not allowed…Is it fair to injured, vulnerable litigants to do nothing when Ontario’s arbitrators call the reports they must rely on to decide eligibility to benefits “inaccurate, failed, misleading, defective, incomplete, deficient, not correct and flawed”. (http://www.fairassociation.ca/the-independent-medical-examination-imeie/) Lowering the standard of ‘expert testimony’ has lowered the possibility for justice and created an unsafe environment for injured auto accident victims.
FAIR submission to the Ontario Dispute Resolution System Review September 20 2013