Sentences with phrase «expert opinion evidence on»

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.

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.

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.

ACOGs (2004) opinion is largely expert opinion and not based on outcomes proven within evidence.

This book provides recommendations on expressing, storing and handling human milk based on peer - reviewed scientific evidence and where that is lacking, expert opinion.

«This report focusing on acute migraine treatment reflects the changing nature of guidelines toward evidence - based treatment rather than expert opinion,» said Dr. Marmura.

Our findings stress the need for frequent re-evaluation of practices and policies based on guideline recommendations, particularly in cases where such recommendations rely primarily on expert opinion or limited clinical evidence,» the authors write.

We say, «Okay, these are the best guidelines that we have, but we're going to need to work with this and try to again collect some evidence so this is more based on scientific data rather than on particular consensus opinion, albeit from experts.»

Take the next step toward a better understanding of assessment by visiting Assessment: At a Glance, where you'll find articles and videos on alternative forms of assessment, interviews and opinion pieces by experts in the field, and a wealth of useful and informative resources, including an instructional module on building an evidence - based assessment.

The cognitive principles of learning are based on reports from (a) the National Academy of Sciences, 1 (b) a practice guide for teachers by the Institute of Education Sciences in the U.S. Department of Education on Organizing Instruction and Study to Improve Student Learning, 2 (c) and a joint initiative between the Association of Psychological Sciences and the American Psychological Association on Lifelong Learning at Work and at Home.3 The recommendations here reflect the wisdom of these reports, which are based on scientific evidence, rather than being consensus opinions of experts.

Instead, the core of the trial is likely to slog through recondite economic arguments and civil evidence issues; part of today's hearing focused on expert witness opinion about the competitive effects of agency pricing and whether it coincided with Apple's economic self - interest.

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.

After conducting his own investigation and finding some plausible evidence of the painting's authenticity, Mr. Himmelfarb contacted the Rothko family and experts who were reluctant to help, most likely due to the threat of costly litigation when offering an opinion on authenticity.

For the first time, an Environmental Review Tribunal had defined the measures it deems, based on the evidence and expert opinion presented before it, necessary to protect the species at risk.

No one hinders you to study the scientific papers yourself and evaluate the evidence and arguments presented in them, on which those expert opinions in the IPCC Report are formed.

Maybe you're smarter than the predominant opinion among experts — but two questions need to be asked: (1) to what degree is your view of the evidenced biased by your ideological identity (you clearly have a very strong ideological identity on this issue) and, (2) how could you possibly state a certainty about such a counterfactual in such a highly uncertain context?

If I can force you to guess, do you think that you'd find a similar (what you consider to be paradoxical) pattern play out with the associations between political views and beliefs about evolution / scientific expert opinion on evolution... or nuclear energy... or other issues that display a similar pattern of association between political orientation and interpretations of scientific evidence / how experts interpret that evidence?

In an opinion piece run by the Journal on Wednesday, nearly 40 scientists, including acknowledged climate change experts, took on the paper for publishing an article disputing the evidence on global warming.

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.

The defendant argued that the plaintiff's expert failed to meet her burden because there was no evidence that the expert's opinion was based on information upon which experts in his field reasonably relied.

By ruling that the College's witness was not qualified to give opinion evidence relating to circular liquid retaining storage structures, or about the relevant standard of practice, «the Discipline Committee excluded the only independent expert evidence tendered before it on the standard of practice applicable to the Appellants» [33].

In some cases, the attorney will hire an expert in accident reconstruction who will examine all evidence of the collision or defective product in order to render an opinion on what caused the problem in the first place.

The Certificate of Merit is an opinion from a medical expert / certified physician offering evidence that the physician has reviewed the plaintiff's medical records, and based on the review, believes that there is a strong argument for an act of malpractice committed by the defendant based on the fact that evidence suggests the defendant deviated from the appropriate standard of care.

In a post here recently, I mourned the death of Peter Nordberg, creator of the website Daubert on the Web and of the related blog, Blog 702, both devoted to the Supreme Court's seminal opinion on expert evidence.

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.

Many (if not most) of the more prolific vendors of expert opinion evidence in the area of personal injury «insurance medicine» have taken formal instruction on the duties of experts (https://www.google.ca/#q=university+of+montreal+insurance+medicine+program.

Many (if not most) of the more prolific vendors of expert opinion evidence in the area of «insurance medicine» have taken instruction on the duties of experts (https://www.google.ca/#q=university+of+montreal+insurance+medicine+program.

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).

I was surprised to open the Federal Rules of Evidence volume and click on Rule 702, governing testimony by experts, and find only one case, the 8th Circuit opinion in Fox v. Dannenberg, but no reference to the seminal case, Daubert v. Merrell Dow Pharmaceuticals.

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.

In addition, the defense experts were permitted to give their opinions on the actual time that certain blood tests were performed and the results received, even though they were not expert on the procedures at the hospital, and even though the factual evidence on those points was in dispute.

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.

The article covers how a judge in the U.S. District Court in Connecticut excluded the plaintiff's medical causation expert on Daubert grounds after finding insufficient evidence of the plaintiff's exposure to the drug, which was necessary to support the expert's opinion on specific causation.

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.

Counsel need to present the expert evidence in ways that allow adjudicators to better assess when an expert is basing an opinion on a set of facts or principles on which there is a strong consensus and when the expert is expressing a minority or dissenting opinion that is not widely supported.

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 R v Turner [1975] QB 834, a case which concerned the admissibility of opinion evidence... Lawton LJ stated at p 841: «If on the proven facts a judge or jury can form their own conclusions without help, then the opinion of an expert is unnecessary.»

In Kennedy v Cordia the court started from three fundamental common law principles (paras [39] to [41]-RRB-: first, that «[39] Skilled witnesses, unlike other witnesses, can give evidence of their opinions to assist the court»; second, that experts can give evidence of fact relevant to a fact in issues; and, third, that experts can give evidence based on their own experience and on the work of others in their field.

In the second case released today, Gregory v. ICBC, the Plaintiff wished to put an expert report into evidence that gave an opinion based on the assumption that «there has been a partial tear of (the Plaintiff's) subscapularis tendon.»

The weight of the expert opinion may also depend on the reliability of the hearsay, where that hearsay is not proven by other admissible evidence.

These two types of expert witnesses can be contrasted with «litigation experts» who are experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (R. 4.1.01).

· The weight the trier of fact ultimately places on the opinion of the expert may depend on the degree to which the underlying assumptions have been proven by other admissible evidence.

Leading case describing judge's task in deciding whether to admit so - called expert opinion into evidence based on scientific validity and applicability to the case; whether the science has been tested and subject to peer review and publication; and what the rate of error is.

We argued that the admissibility of DRE opinion on whether a person's ability to operate a vehicle is impaired by a drug or a combination of alcohol and a drug should not be considered expert evidence without first undergoing a judicial assessment through a Mohan voir dire.

[32] Taking into account the facts that I have found based on the evidence given by the Reilander family and the expert opinions of both Dr. Matishak and Dr. Gittens, I am satisfied that the plaintiff has demonstrated on a balance of probabilities that the motor vehicle accident of July 29, 2006 caused a disc herniation at C5 / 6 on her cervical spine and that disc herniation was the principal cause of her persistent and debilitating cough...

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 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.