Ontario civil | Evidence | Real evidence | Demonstrative
Mother became pregnant with twins and was under care of defendant. Mother delivered babies prematurely and it was alleged that twins suffered from twin-to-twin transfusion syndrome and because there was delay in detecting and treating that, one child was born with catastrophic cerebral palsy. Plaintiffs, as litigation guardian, brought action for damages for negligence. Plaintiffs retained expert to testify on causation. There were two illustrations and two charts that counsel wanted to enter as exhibits through expert, which were meant to depict concepts of brain pathology findings and concepts of brain injury evolution. Issue arose as to admissibility of demonstrative aids. Demonstrative aids admissible. Defendant’s expert was more than capable of explaining why demonstrative aids were wrong, if that was case. Accuracy and authenticity of aids were confirmed. There was no risk of oversimplification of technical evidence. Aids were necessary to help jury with its task as brain injuries an statistics related to gestational age and outcome for baby were not simple matters.
Woods v. Jackiewicz (2019), 2019 CarswellOnt 5595, 2019 ONSC 2069, Conlan J. (Ont. S.C.J.).
