Sentences with phrase «expert opinion evidence»

Just because a professional such as a doctor is giving evidence does not necessarily mean that the Rule regarding expert opinion evidence is triggered.

In litigation it is easy to imagine the use such expert opinion evidence can be put to in proving causation of injuries.

[36] In coming to a decision on the application, I start with the observation that valuation evidence is regularly accepted in this and other courts as proper expert opinion evidence.

Perhaps because of the comments of Justice Snider, in Wenzel regarding the complexity of receiving conflicting expert opinion evidence on patent construction, prior art and infringement and Justice Teitelbaum's earlier comments in Pallmann Maschinenfabrik G.m.b.H. Co..

Our class actions practice includes advising clients on Canadian aspects of U.S. class actions, and providing expert opinion evidence in U.S. class actions concerning various aspects of Canadian law.

For example, Ontario Court of Appeal case law now states that it is no longer necessary to call expert opinion evidence to establish that the mobile phone tower closest to the phone in question, is the one that transmits the call.

This paper, intended as an introduction to the subject matter, consists of two parts: the first part reviews the admissibility requirements for expert opinion evidence generally; the second part focuses on practical considerations for counsel arising from the revised two - part test for admissibility endorsed by the Supreme Court of Canada in White Burgess Langille Inman v Abbott and Haliburton Co, 2015 SCC 23, [2015] 2 SCR 182.

Generally speaking, it is hard to see why a court should need expert evidence in directors» disqualification proceedings that is simply expert opinion evidence, when it comes to determining whether the conduct of a particular director has fallen short of the standard laid down by previous authority.

For example, these frequently used evidence - producing types of technology go unchallenged: (1) mobile phone tower location evidence used to locate us - very frequently used because we all carry mobile phones; (2) breathalyzer / intoxilyzer readings; (3) electronic records management systems (records are now the most frequently used kind of evidence); and, (4) the technology that produces the data used to formulate expert opinion evidence.

These standards will prevent Wisconsin state courts from being bogged down with cases based on «junk science,» and will discourage cases of questionable merit from being brought in Wisconsin because of weaker expert opinion evidence standards.

The judge found the medical expert opinion evidence presented to be highly unsatisfactory.

So I ask — how is it possible that a psychologist — unqualified to proffer expert opinion evidence in brain injury cases — was able to do so over and over and over for several years without challenge to his qualifications?

14 Rule 13 - 3 (2) of the Supreme Court Family Rules provides that any party who wishes to present to the Court expert opinion evidence on a financial issue (defined in Rule 13 - 3 (1) as an issue arising out of a claim under Part 5 or Part 6 of the Family Law Act, SBC 2011, c 25), that evidence must be presented to the Court by means of a jointly appointed expert unless the Court otherwise orders or the parties otherwise agree and Rule 13 - 4 applies.

These are the types of experts that will provide the necessary expert opinion evidence to prove your injury claim not your Chinese medicine specialist, chiropractor, acupuncturist, etc..

There is also reluctance by the Court to admit into evidence expert opinion evidence from non-traditional medicine experts.

the Trial Judge erred by relying upon expert opinion evidence which was outside the scope of the purported expert's expertise; and

The increased reliance on expert opinion evidence by both the Crown and defence in criminal matters is evident upon even a cursory review of the reported cases.

Put bluntly, many cases, including very serious criminal cases, could not be tried without expert opinion evidence.

Mr. Charlton was qualified by the Tribunal to provide expert opinion evidence as an ecologist with expertise in conducting environmental assessments including natural heritage assessments and species at risk assessments for wind energy projects.

The admissibility of expert opinion evidence is a noted exception to the principle that opinions are generally not admissible (at para 21).

The BC Supreme Court Rules have strict requirements for expert opinion evidence.

Family cases need to be decided fairly and if an expert is proferred as a witness to give expert opinion evidence it is the Judge's role to act as a gatekeeper to ensure only proper family law expert evidence is admitted into the record.

But generally speaking it was hard to see why a court should need expert evidence that was simply expert opinion evidence, when it came to applying the standard laid down by the courts to the facts.

the Court held that while: «practice guidelines» may be generally respected and therefore relevant considerations in the Court's assessment of the standard of care, they are not intended to, and do not determine the legal standard of care that the Court will impose on a medical professional, especially where there is expert opinion evidence on the standard of care with reference to the facts of the particular case.

During its 2005 - 06 session, the Wisconsin Legislature responded expeditiously by passing legislation that not only reversed the Supreme Court decisions, but also attempted to move Wisconsin into the mainstream in the areas of product liability law and the admission of expert opinion evidence.

Do litigators confer with the staff at medical assessment firms (vendors of expert opinion evidence) as well as the experts themselves?

The use of expert opinion evidence is increasing in Canadian criminal trials, and along with it is a growing judicial disquiet regarding the impact of such evidence on the fact - finding function within the trial process.

Our motorcycle accident lawyers immediately begin an investigation strategy specific to your case obtaining necessary accident reconstruction, witness testimony, photographs, diagrams and expert opinion evidence.

So far, nothing has been done to improve the state of expert opinion evidence in the Ontario personal injury context.

This rule deals with «responsive» expert opinion evidence.

Please review the use of experts with your MacLean Law family lawyer and learn more about how some judges and legal counsel have become somewhat skeptical of the use of experts, who now are often giving argument under the guise of «expert opinion evidence.»

And we can consider the best method for your experts to put forward the expert opinion evidence they've developed for you.

Keywords: Evidence; principle of admissibility; hearsay; principled approach; spontaneous utterances; prior consistent statements; opinion; qualification of expert; scope of expert opinion evidence.

On this threshold motion, Justice Glustein highlighted the importance of trial evidence and went through the expert opinion evidence, medical documentation and lay witness evidence in great detail to reach a decision.

Historically, expert opinion evidence was given simply by a notice, as described in Abell v. British Columbia (Greater Nanaimo Water District), 1979 CanLII 657 (BC SC), but now there are strict requirements.

«The risks associated with calling the expert opinion evidence of a «hired gun» - that is to say, an expert whose opinions are not independent and impartial but are easily adapted to the requirements of the party that calls him or her - are obvious.

The judicial challenge is to properly control the admissibility of expert opinion evidence, the manner in which it is presented to the jury and the use that the jury makes of that evidence...

So long as the Court, in hearing and determining applications such as the present one, is bound by the rules of evidence, as the Parliament has stipulated in s82 (1) of the [Native Title Act 1993 (Cth)-RSB-, the requirements of s7933 (and s5634 as to relevance) of the [Evidence Act 1995 (Cth)-RSB- are determinative in relation to the admissibility of expert opinion evidence.35