1.877.201.9030

Call now: 1.877.201.9030

Our Publications

Judge's comments on consensus reports case-specific

Apr 17, 2017

Although a recent ruling criticizes the practice of selective quoting of expert findings in personal injury cases, the decision is not a broad comment against consensus reports, Toronto litigator Richard Shekter tells Law Times.

As Law Times reports, in the decision of Platnick v. Bent, 2016 ONSC 7340, the court commented on the practice of an expert summarizing the reports of other experts in a personal injury matter. At issue in this case was a report prepared by a doctor who said he was presenting the “consensus conclusion” of a team of physicians, says the article.

In the ruling, Justice Sean Dunphy wrote: “[T]he reports are not an objective summary of the underlying medical reports themselves so much as a summary of the conclusions reached by Dr. Platnick himself, applying their expert observations to his own understanding of the operation of the SABS regulations and the criteria incorporated therein.”

“The case is not really saying anything against consensus reports themselves,” says Shekter, partner with Shekter Dychtenberg LLP, a Bay Street litigation law firm.

“It’s saying the co-ordinator of it didn’t fairly or accurately represent the other opinions. He prepared a summary and said it was a consensus report. He didn’t speak to the constituents,” he adds.

With files from AdvocateDaily.com

 

 

Author(s)

Related Information

In 2013 a vehicle hit our car in which I was the passenger. The accident left me with major headaches, dizziness, big sensitivity to lights, back pains and very intolerant to noise (even the fridge noise).

I was depressed, anxious and very frustrated. For months the insurance company was brushing it off as nothing and I had no idea of how to get the help that I needed.

When I first met Alden, he told me that I can trust him to help me. Very quickly he put together a team of knowledgeable professionals, providing me with the help that I so badly needed. At the time, I was afraid and very anxious! Alden and his team were understanding, compassionate, caring, encouraging, always reassuring, as well as very respectful, and professional. God answered my prayers for help and sent Alden to help with the process. Alden cared very much for my well-being and fought for my care. He also made himself and his wonderful staff very accessible to me at all times – just like a family does.

Thank you Alden – may God bless you, your business and your staff. I appreciate all that you have done. You can be trusted.

Connie Juva

Shekter Dychtenberg LLP is a boutique Bay Street litigation law firm with big firm talent. We may be smaller than some, but no firm provides its clients with a higher level of personal service. Each member of the Shekter Dychtenberg team is focused on serving the needs of our clients and achieving the best possible results. Once you get to know us, you'll be part of the Shekter Dychtenberg extended family and hopefully, a life long client.

Shekter Dychtenberg LLP Footer Logo

Suite 2900, 390 Bay Street, Toronto, ON, M5H 2Y2 | T. 416.941.9995 | F. 416.869.0321
©2014 Shekter Dychtenberg LLP. All rights reserved.

Law firm marketing | Cubicle Fugitive