Does a request for disclosure of a medical expert prior to a medical malpractice hearing need to be made in writing?

29. As a final issue, the applicant submits that the requested particulars fall within those contemplated in Mamado v. Fridson[3], Calvo[4] and White Burgess. I do not read these cases in the same way. Those cases deal with the testimony/cross examination of medical experts at the examination/trial stage and not requests for disclosure prior to the hearing in a tribunal setting. I agree with the respondent that if the applicant’s purpose is to impugn the objectivity if an expert, it seems to me, that the more appropriate forum would be to do that so at a live hearing, or a qualification stage of the hearing, and not a preliminary issue hearing in writing where there is no 6 opportunity to cross examine a witness and test their evidence or credibility including any potential influences or conflicts.