In the recent case (Beggs v. Stone) the Plaintiff was involved in a 2009 collision caused by the Defendant. The Plaintiff suffered a variety of soft tissue injuries with accompanying psychological difficulties which rendered her disabled. In the course of the trial the Plaintiff did not call a variety of treating physicians including one who treated her before and shortly after the collision and treating psychologists. In declining to draw an adverse inference Mr. Justice Smith placed ‘particular emphasis‘ on the fact that fulsome disclosure of these treating physicians records was made. In finding no inference should be made the Court provided the following reasons:
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education