A Thorough Review of the Law Surrounding the Admissibility of Expert Evidence and Testimony.
Snodden v. 2568832 Ontario Inc, 2023 ONSC 6759 (CanLII)
expert Tag Archives
Saadati v. Moorhead, 2017 SCC 28
The Supreme Court of Canada held that an expert’s diagnosis of a psychological injury was not required for the Plaintiff to succeed in recovering damages for same.
Mamado v. Fridson, 2016 ONSC 4080 (CanLII)
At the conclusion of trial, the defendant brought a threshold motion and called two expert witnesses in support of the motion: Dr. Soric and Dr. Reznek. The Court found that the evidence from both witnesses contained serious flaws and expressed concern regarding how the majority of their income was derived from conducting medical-legal work for defendants. The motion was denied.
Sanzone v. Schechter, 2016 ONCA 566
This appeal to set aside a dismissal granted at a summary judgment motion was allowed on the basis that the respondents failed to present evidence going to the merits of their defence but instead attempted to compel the appellant to deliver an expert report and show that she has not done so.
Lauesen v. Silverman, 2016 ONCA 327
The Ontario Court of Appeal held that a solicitor’s negligence claim based on improvident settlement in a personal injury action was not discoverable until new counsel advised the plaintiff of it after obtaining an expert medical-legal opinion.
Daggitt v. Campbell, 2016 ONSC 2742
This decision opens the door, albeit in obiter, to precluding experts with prior judicial findings of bias from conducting defence medical examinations and giving evidence at trial.
