LIBRARY OF MEDICAL FACTS (Medically Presumed or Judicially Accepted):

Purpose:

This is a project to compile relevant medical facts which are presumably accepted medical facts, or which have been accepted through the years by the courts in legal proceedings.  A recurring mischief observed over the past 30 years is that medical experts keep peddling many same tired and outdated medical opinions, even as they had been dismissed, contradicted, or reversed by a Superior Court Judge, or by an appellate court including the Supreme Court of Canada.  Furthermore, there are underlying medical facts which parties have had to often reinvent the wheel in order to establish certain other medical facts.  These underlying facts should be presumably proven by being included in the Library.

In other words, this Library is to function in a similar way to a court's list of Frequently Cited Authorities (FCA).  If an authority is on the FCA, a party needs not labour to include a copy of it in its materials for the court's use.  For the Library, if a medical fact is included in the Library (for having been presumptively medically proven and/or previously accepted in a legal proceeding), all experts for all parties are deemed not to be challenging it unless counsel provides certain advance and specific notice of intention to challenge, along with required particulars of the grounds and the evidence being relied on to do so (thus in a parallel vein of notice to raise a constitutional question under the Courts of Justice Act and the Rules of Civil Procedure).

This Library reverses and places the onus on a party to rebut the presumptive correctness of certain medical facts.  Nothing is lost in reliability by instituting such a Library but much efficiency and reliability is gained.  This Library will weed out flawed opinions, restrict expert opinions to only any true permissible areas of dispute.  This will reduce length and number of trials, and critically defend against junk science and miscarriages of injury justice.

For this Library to be in force, it needs to be adopted by, for example, the Courts of Justice Act.

Medical Facts:

Under Research and Development - To be constructed through (1) medical legal research to establish valid medical legal facts which are often relied on or in issue, and (2) judicial decisions.