Using Medical Reports at Trial Under Section 52 of the Evidence Act
Medical evidence is the heart of any personal injury case. But getting that evidence into the record efficiently and properly is crucial. In Ontario, **Section 52 of the Evidence Act** provides a streamlined way to admit medical reports—saving time and avoiding the need for live testimony in many cases.
At Auger Hollingsworth, we use s. 52 to admit radiology reports, surgical notes, and even family physician records. But we also know there are limits. For example, the report must come from a participant expert (like a treating doctor) or a non-party expert acting within the scope of their normal duties—not a retained litigation expert. The rules laid out in *Westerhof v. Gee Estate* (2015 ONCA 206) are key.
Unlike business records under s. 35, the notice period for s. 52 is **10 days** before trial. Miss that deadline, and you risk exclusion. Worse, if the report includes anything outside the doctor’s regular role—such as opinions prepared specifically for litigation—you’ll need to follow the more complex requirements of Rule 53.
We help our clients avoid these pitfalls by preparing s. 52 notices early and reviewing all reports for admissibility. Where appropriate, we also prepare to call the author for cross-examination or clarification.
Properly used, s. 52 lets your medical team tell your story without the cost or disruption of court appearances. But it must be used carefully and in the right context.
At Auger Hollingsworth Accident & Injury Lawyers, we know how to get your medical evidence in—so your injuries speak for themselves. Contact us for experienced personal injury trial advocacy.
