Treating Doctor’s Opinion – update

The great decision by the Ontario Appeal Court in Westerhof v. Gee Estate, 2015 ONCA 206 was appealed to the Supreme Court of Canada (SCC) and a decision was rendered.

In that Ontario Appeal Court decision, the Justices unanimously disagreed with the lower courts and determined that treatment providers actively involved in the care and treatment of an injured plaintiff can provide an opinion without obligating the treatment provider to write a thorough expert report.

The SCC dismissed the appeal with costs. The Ontario Appeal Court decision is good law (at least it is in Ontario).