Opinion evidence refers to statements or testimony given by someone about their beliefs, thoughts, or judgments regarding a matter. It is a personal viewpoint or subjective assessment that may be offered in a legal or formal setting to support an argument or provide insight into a particular situation.
Full definition
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 question of subjective assessment and interpretation which is the essence
of opinion evidence hardly enters into the matter at all.
However, it must be reviewed in the context of this case and the issues that will be before the court on which
medical opinion evidence will be necessary.
We work with recognized science and medical experts to
obtain opinion evidence where necessary and provide strategic counsel to help our clients manage risk.
Loss of a chance cases
require opinion evidence on the stage of the cancer at the time the diagnosis should have been made.
This makes it very difficult for the personal injury claimant to
get opinion evidence into court as «clinical records» are not considered expert reports.
In what can be described as a very unusual occurrence, the trial proceeded without any medical
opinion evidence addressing the extent of injury.
In litigation it is easy to imagine the use such
expert opinion evidence can be put to in proving causation of injuries.
I am satisfied that Dr. Stalnaker is qualified to give
opinion evidence in the area of biomechanics including in relation to safety standards.
There is also reluctance by the Court to admit into evidence expert
opinion evidence from non-traditional medicine experts.
In the aftermath of this fiasco the CPO disseminated a document to its members clearly spelling out the College's required qualifications to
proffer opinion evidence in brain injury cases.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, providing comments critical of the practice of obtaining medical
opinion evidence without accompanying physical examination of a Plaintiff.
Of course the next obvious question is why didn't the plaintiff lawyers call the regulatory College (CPO) to confirm that this «opposing expert» was in fact properly qualified to proffer neuropsychological
opinion evidence for the defence in brain injury cases?
In the course of the lawsuit the Defendant had the Plaintiff assessed by an occupational therapist who conducted a functional capacity evaluation and provided the Court
with opinion evidence expressing optimism that a kinesiology program «will likely improve» the Plaintiff's condition.
Tags: bc injury law, Master Baker, Mirzai - Sheshjavani v. Ho, responsive
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Respondents
offered opinion evidence concerning the future impact of the unrestricted sale of VTR's on the commercial value of their copyrights.
From the perspective of the issues raised by the intervenor, it is disappointing that the Court chose not to engage with the concerns raised about the use of
public opinion evidence (i.e. polling data or survey results) to demonstrate the salutary effects of an impugned measure under the proportionate effect analysis stage of section 1.
Tags: Bains v. Antle, Late Applications for Defence Medical Exams, Master Harper,
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Richard Crosson, a chartered accountant able to give
opinion evidence respecting the potential financial implications of transactions which impact the sale of tickets for transportation by air, as well as methods of asset valuation;
At issue in the before the SCC in R. v. Bingley was whether the road -
side opinion evidence of a DRE, essentially police officers trained to identify people under the influence of drugs, is admissible as evidence of guilt in a court case.
If participant experts or non-party experts proffer
opinion evidence extending beyond these limits, they must comply with rule 53.03 for that portion of their evidence, Simmons said.
Two affidavits had additional portions struck because they
contained opinion evidence from persons who were not offered as experts capable of providing these opinions.
Where additional information can not be produced, perhaps because it has been lost or destroyed, then both parties become aware of the increased litigation risk of proceeding where no clear
opinion evidence supporting one side or the other can be presented to the court.
So the question is this: whose interests are being served by systemic, shoddy medical
opinion evidence long - proffered by dubious «experts» who have become professional vendors of expert testimony?
An expert witness offered
opinion evidence regarding the vulnerability of female migrant workers, citing, for example, that Pratas had confiscated the sisters» passports, work permits and healthcare documents upon their arrival in Canada.
As I previously blogged, the Court of Appeal for Ontario held in Westerhof v. Gee Estate, 2015 ONCA 206 that witnesses with special expertise who give
opinion evidence not formed for the purposes of litigation do not have to comply with the strict procedural requirements for expert witnesses.
«I think that we have pretty consistent public -
opinion evidence right now that sanctions are unpopular in Venezuela,» Rodriguez said, «And... I think it's creating a problem for the US [and] creating problems for the Venezuelan opposition.»
Phrases with «opinion evidence»