ONCA Clarifies Admissibility of Expert Testimony
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.
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