Can SPECT evidence be considered admissibility at trial?
Ontario, Canada
The following excerpt is from Meade v. Hussein, 2021 ONSC 7850 (CanLII):
However, counsel was only able to refer me to one case in which the court was asked to determine the admissibility of SPECT evidence: Morgan v. Metropolitan Toronto (Municipality), [2006] O.J. No. 4948. In that case, the trial judge allowed SPECT evidence to be given. However, I note that the issue to which the evidence was directed was the effect on the plaintiff’s brain of a vaccination for hepatitis B and its relation to a diagnosis of chronic fatigue syndrome, unlike the present case. I also note that the issue of novel evidence does not appear to have been raised and that in her judgment following trial, the trial judge placed no weight on the brain SPECT evidence: Morgan v. Metropolitan Toronto (Municipality), [2006] O.J. No. 4951, at para. 205.
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