20.10   Medical reports

(cf SCR Part 72B, rule 2; DCR Part 51A, rule 6; LCR Part 38, rule 7)

(1)  In this rule, medical expert includes dentist, medical practitioner, occupational therapist, physiotherapist and psychologist.

(2)  A medical expert’s written report as to a person’s past, present or probable future physical or mental condition:

(a)  is not admissible unless it has been served on each of the active parties no later than 28 days before the arbitration hearing, and

(b)  if so served, is admissible as evidence of the matters contained in it,

      unless the referring court or the arbitrator orders otherwise.

(3)  At any arbitration, a party is not entitled to adduce a medical expert’s oral evidence as to a person’s past, present or probable future physical or mental condition unless the referring court or the arbitrator so directs or unless each of the parties consent.