ONCA Clarifies Admissibility of Expert Testimony
- Gwendolyn L. Adrian, Adrian Law
- Mar 31, 2015
- 1 min read
The Ontario Court of Appeal clarified that the testimony and evidence of experts, such as treating physicians, are not subject to the admissibility requirements of Rule 53.03 under two conditions:
1) if the evidence/testimony is based on the expert's observation and participation in the events in issue; AND
2) if the expert formed the opinion as part of the ordinary exercise of skill, knowledge, training and experience while observing or participating in the events in issue. (see para. 60 of the decision below).
This ruling overrules lower court decisions that required opinion experts, such as treating physicians, to meet the admissibility requirements of Rule 53.03 including the Form 53 acknowledgement of the expert's duty to provide fair, objective and non-partisan evidence.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
http://adrianlawoffice.wix.com/mysite
The author encourages you to share this article on social media.
Follow me on Twitter @gwendolynadrian
Comments