What is the test for presenting expert evidence to a jury?

As McKenzie J. stated in MacKinnon v. Ebner, [1997] B.C.J. B.C.J. No. 364 (S.C.): A reasonably informed and intelligent jury is as capable or assessing expert evidence as is a single judge. It is up to counsel to ensure it is presented so that a jury can understand it. Indeed, the very purpose of expert evidence is to assist lay people to understand technical evidence.

Moreover, as this court held in Esposito v. Abbotsford (City), [2003] B.C.J. No. 2720 (S.C.), even if a “prolonged” examination of documents is required and the issues are complex, a jury’s involvement is appropriate since its finding on the crucial issue of credibility will not be too intricate or complex for it to understand or apply.

In conclusion, I adopt and apply to the circumstances of these cases the observation made by McKenzie J. in MacKinnon v. Ebner (supra) that juries are sophisticated enough today that, with the assistance of counsel and instructions of the trial judge, they will not find this evidence beyond their abilities to comprehend, retain and apply.