Sentences with phrase «properly qualified expert»

First, a court must examine the threshold admissibility of such evidence in accordance with the well - established factors in R. v. Mohan, [1994] 2 S.C.R. 9 (relevance, necessity, absence of an exclusionary rule and a properly qualified expert).

(2) If so, is there evidence of a properly qualified expert who is available and who the parties, or either of them, can afford to retain?

The judge appeared to rely on the report of Mr. Finlay without considering his qualifications, that is, whether he was a properly qualified expert; or the necessity of his assessment given that Dr. Elterman, the court appointed expert, had already been ordered by Arnold - Bailey J. to update his s. 211 report.

Once a Defendant obtains an opinion from a properly qualified expert with respect to the Plaintiff's alleged injury, a further exam will not be ordered to bolster the opinion of the initial expert.

The Court observes that the interpretation of computer - generated information may constitute expert opinion and require a properly qualified expert, but not in every instance.

In order to be admissible, any opinion evidence must come from a properly qualified expert.

There is lots of discourse floating around about the gatekeeping responsibilities of triers of fact and the need to ensure that only properly qualified experts are permitted to proffer opinion evidence.

And yet to this day OTLA lawyers have said little — and done less — to make the promise of impartial and properly qualified experts (trotted out in Ontario 2010 New Rules of Civil Procedure) a reality rather than empty, self - aggrandizing rhetoric.

Not exact matches

The Court agreed with the trial court that the second expert was qualified to give expert testimony because the first expert's testimony was properly admitted.

In fact, some might argue that it should go without saying that experts ought to be honest and objective and impartial and properly qualified and not stray above / beyond their area of expertise.

In fact, some might argue that it should go without saying that experts (especially the professional vendors of medico - legal expertise) ought to be honest and objective and impartial and properly qualified and not stray above / beyond their area of expertise.

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?

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.

There are literally dozens of cases that the Idaho Supreme Court has reviewed and evaluated where the issue was whether a particular expert is properly qualified.

Experts must be properly qualified to testify.

In a time of judicial economy, when the court system is already overburdened, the first thing which will probably go are experts who are not deemed necessary, even if properly qualified.