How have competing experts been treated in the context of a jury trial?
Alberta, Canada
The following excerpt is from Nichiporuk v. McVean, 2005 ABQB 647 (CanLII):
Justice Rooke’s comments in Smith v. Williams, [2003] A.J. No. 1508 are relevant with respect to competing experts. He states at paragraph 6 that: . . . the point that I wish to make is that where there is a serious conflict among the experts that elevates the complexity to a level that makes adjudication inconvenient for a jury, a jury should not be put in a position of having to determine which expert is correct, because they do not indeed have the ability to do so. That is in this context that I said "that’s not the jury's role ...". (Underlining added)
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