• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

IME

Shaw v Mkheyan, 2017 ONSC 851 (CanLII)

[36]           Dr. Cameron’s opinion that any person with osteoarthritis would inevitably suffer the type of pain which Shaw endured, without any triggering event, is not consistent with Dr. Backstein’s unchallenged direct experience in this area or with Dr. Backstein’s uncontested opinion that most people at age 58 have some degeneration caused by osteoarthritis but that such arthritis is not necessarily symptomatic.

[37]           Dr. Backstein’s opinion is that osteoarthritis is not “relentlessly progressive” and can be asymptomatic until an event happens that converts the arthritis to symptomatic. Dr. Backstein’s opinion conforms to his experience as a leading orthopaedic surgeon. Dr. Backstein was not cross-examined on his experience. I prefer Dr. Backstein’s evidence to the unsupported comments of Dr. Cameron.

 

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