This was a voir dire heard by The Honourable Madam Justice L. Merritt. It involves a challenge by the plaintiff to one of the defence experts. Counsel for the defendants asked Merritt J. to qualify Dr. Michael Ford as an orthopaedic surgeon with experience in chronic pain and somatic symptom disorder; and the diagnosis, prognosis, causation and impairments relating to functionality and impairment. Counsel for the plaintiff opposed and asked the Court to exercise its jurisdiction as a gatekeeper and exclude Dr. Ford’s evidence, arguing that the cost of admitting his evidence outweighs its probative value.
voir dire Tag Archives
Challenging jury bias in Ontario automobile injury trials
Should people with auto insurance be excluded from juries in car crash trials? OTLA Director Kris Bonn argues that jurors familiar with car insurance might decide to reduce the victim’s award, in order to keep premiums from becoming more expensive. How is that fair to Ontario’s vulnerable and injured?
