Sentences with phrase «expert opinion evidence as»

Not exact matches

Sian Porter, Chairman of the BDA's Communications Board said: «With so many people online claiming to be «experts» in the field of food and nutrition, it is vital that people have a point of contact where they know that information being given out and promoted is credible, evidenced - based and based on solid scientific research, as opposed to personal opinions and people trying to sell you all kinds of products.

Your statements and opinions must be backed up by valid scientific evidence and data from recognized field experts, and your conclusions must point to additional work that might be warranted or new questions and issues that may arise as technology does.

They were based on current principles of anesthesiology, critical care medicine, infection control, and surgical practice, as determined from published evidence and expert opinion.

These guidelines are based on current principles of anesthesiology, critical care medicine, microbiology, and surgical practice, as determined from published evidence and expert opinion.

But even as the evidence that cannabis products could help your pets, experts say it's always important to consult your veterinarian for an opinion.

We're not discussing the opinion of experts, so much as the trend in that evidence.

c) Unless the evidence of a lawyer is being tendered as expert testimony on the motion, it is not appropriate for an affidavit to contain legal opinions or argument.

This makes it very difficult for the personal injury claimant to get opinion evidence into court as «clinical records» are not considered expert reports.

Good quality expert evidence must provide as much detail as is necessary to allow the judge to determine that the expert's opinions are well founded.

It is common experience that it is advantageous to read all the available papers so as to gain an overview of the entire case rather than limit that task to the relatively small area that is truly relevant to the expert's own field for the expert evidence in a particular case must be given in relation to the whole case if the opinion is to be of real value to the court when it comes to decide on the issues before it.

George et al. v. Newfoundland and Labrador 2013 NLTD (G) 170 Evidence — Opinion evidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defEvidence — Opinion evidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defevidence — Expert evidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defevidence — General — When expert evidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defevidence required The representative plaintiffs commenced this class action on January 5, 2011, for damages in respect of personal injuries as a result of moose - vehicle collisions in Newfoundland and Labrador (the defendant).

Counsel must update the expert they have retained with fresh evidence or reports as they come in, and seek updated and other opinions as matters develop as necessary.

The intervenor put forward opinion evidence from Laurie Ringaert as an expert in disability studies, in anthropometrics, and in universal design.

The plaintiff's expert's evidence was criticized because: 1) he didn't review the entire file, just what the plaintiff provided to him; 2) his opinion was formed with the benefit of hindsight; 3) he gave evidence as to causation of the plaintiff's loss, based on what the motions judge might have done had H proceeded differently, which is impermissible.

[6] The Westerhof appeal raises the question of whether rule 53.03 applies only to experts described in rule 4.1.01 and Form 53 — experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (referred to in these reasons as «litigation experts»)-- or whether it applies more broadly to all witnesses with special expertise who give opinion evidence.

In some cases, your lawyer may obtain evidence establishing negligence, such as surveillance footage, maintenance records and reports, toxicology results, eyewitness testimony, vehicle computer data, internal documents, or expert opinion regarding the standard of care that should have been exercised in a given scenario.

A psychologist can give an opinion on your mental state after you have sustained an injury, as expert evidence to back up your personal injury claim.

In so doing they throw the dice and gamble the expert won't proffer highly biased (pro-insurer) opinion evidence just as as she / he was found to have done by previous judges in previous cases.

Among lawyers nationwide, he was widely known as the creator of the website Daubert on the Web and later of the related blog, Blog 702, both devoted to the Supreme Court's seminal opinion on expert evidence.

In fact, despite widespread and growing discontent with the perpetually vexed expert witness system in the Ontario auto insurance system — OTLA has never shown up at any of the many media battles over systemic shoddy IMEs / IEs which morph into flawed expert opinion evidence (substandard «expert» opinion evidence is as common as dirt in the Ontario personal injury context).

The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inEvidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.

This type of evidence is opinion evidence, rather than factual evidence, although sometimes an expert will need to give evidence about what they have seen or observed as well as what their view is;

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

The latter might simply be described as scientific evidence; the former as expert evidence of opinion.

[12] In any event, the proposed evidence is also truly responsive as a rebuttal to the opinion of another expert witness called by the CN defendants, Dr. Baker, whose report entered at Tab 1 of Exhibit 61 states:

Although the courts often talk of «expert evidence» as if it were a single category representing in every case an exception to the rule against the reception of opinion evidence, it is suggested that a similar distinction exists in the evidence of experts and it is one which has considerable relevance both to the procedural aspects and to the assessment of the weight of expert evidence.

In many circumstances now failure to comply with expert opinion requirements won't be fatal to the admissibility of opinion evidence as long as it meets the test above.

Today, the majority of the court ruled in R. v. Bingley that a DRE's training and experience do make them experts and thus their opinions generally do not need to be further vetted by a judge before it can be presented as evidence in court.

Re: lawyers practising in association with non-lawyers: - Absolutely necessary because: (1) technology will be the basis of almost all laws, therefore we will have to practice with other experts in that technology; (2) records management law will be a major area of practice because, records are the most frequently used form of evidence and e-records depend for everything on their e-records management systems (ERMSs), and they must be compliant with the National Standards of Canada for e-records management, which standards require legal opinions, and every significant change to an ERMS requires a legal opinion re ability to produce records able to satisfy laws as to e-discovery, admissibility of evidence, privacy & access to information, electronic commerce, tax laws, and compliance with National Standards of Canada for e-records management; (3) all new technologies require a legal framework, which means more work for lawyers; and, (4) otherwise, other professions and service providers who now provide «legal information,» will begin to provide «legal advice» and other services that only lawyers should be providing.

As well as factual evidence, the report contained evidence of the opinions of experts on technical matters, which included aeronautical engineering, wreckage analysis, meteorology, pathology, analysis of flight data, and the piloting of aircrafAs well as factual evidence, the report contained evidence of the opinions of experts on technical matters, which included aeronautical engineering, wreckage analysis, meteorology, pathology, analysis of flight data, and the piloting of aircrafas factual evidence, the report contained evidence of the opinions of experts on technical matters, which included aeronautical engineering, wreckage analysis, meteorology, pathology, analysis of flight data, and the piloting of aircraft.

The opinion evidence was also, in principle, admissible in so far as the opinions stated were those of qualified experts on subjects involving special expertise.

But what about highly vulnerable, cognitively challenged brain injured accident victims being painted as fakers and tossed to the curb by FSCO Arbitrators based on the unchallenged «expert» opinion evidence of an unqualified psychologist.

The finding, however, is considered an expert opinion and is admissible as evidence in the court case.

These defendants questioned the validity of the so called expert reports, brought as evidence against them, mainly on the basis that they deemed these experts insufficiently qualified to make judgements on the matter, and stated that their opinions were not properly explained.

The Court excluded the report finding» I would not qualify Dr. Sank as an expert capable of offering the opinion evidence tendered in the April Report.».

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.

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.

The Schedule does not permit the common practice of applicants who obtain expert opinions by non-treating doctors, for the sole purpose of presenting them as evidence in the arbitration.

It is possible that an adversary will argue that computer simulations are a form of scientific evidence offered for a substantive purpose, meaning that it has independent probative value and can be used by an expert as a basis for the expert's opinion.

Our reports naturally have to contain all the relevant clauses and paragraphs but so long as I am giving my expert opinion which is always backed up by detailed comparable evidence, I don't seem to have found myself having had any major issues.

For example, although the parties would try to introduce experts into IP litigation by submitting written opinions of experts as evidence, there is no expert witness officially adopted by the procedural laws.

The Court decided the trial judge had carefully weighed the evidence as a whole, including the statistical evidence, the evidence specific to the Plaintiff, and the three expert opinions, all of which involved some speculation and held that she made no palpable and overriding error in finding that the plaintiff had failed to establish causation on a balance of probabilities:

Just as lawyers rely on the expert opinions of physicians to give evidence to the court about your injuries, lawyers also rely on financial experts to inform the court about your past and future loss of income, career trajectory, retirement prospects, trends in your industry, earning capability, and, if you are self - employed, the impact your accident has had on the viability of your business.

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.

This case concerned a property dispute where the expert evidence involved the opinion of surveyors as to the precise location of a boundary.

I accepted Mr. Tweet as an expert in the area of roofing based on his 19 years of experience in that field, and allowed him to provide opinion evidence with respect to proper or common roofing techniques and practices.

These include: appointment of arbitrators, including the possible introduction of a code of conduct; challenges to arbitrators; third party funding; consolidation; preliminary objections and first session; witnesses; experts and other evidence; discontinuance of a case; awards and dissenting opinions; security for costs and security for stay of enforcement of awards ordered by the ad hoc committee; allocation of costs; annulment; publication of decisions and orders (compared to the current provisions referring to awards); as well as the modernization of the means of communication (apparently with a view to making the procedure «less paper - intensive and more environmentally friendly»).

The Court further explained that although «most lay person have opinions and theories of their own as to how the human body functions, our courts have decided that, in order to recover compensation, a standard of expert evidence on the subject is required where the injury is not apparent to the layman.»

Royal & Sun Alliance attempted to introduce an opinion from its own medical expert as evidence, but the judge rejected it on the grounds that he was not the treating physician.

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 evievidence, 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 eviEvidence Act 1995 (Cth)-RSB- are determinative in relation to the admissibility of expert opinion evidenceevidence.35