In what circumstances will a jury be able to resolve conflicts between expert testimony?

Alberta, Canada


The following excerpt is from Smith v. Williams, 2003 ABQB 981 (CanLII):

In short, I agree with the comments of Wachowich C.J. in Teichgraber v. Gallant (2001), 290 A.R. 338, 2001 ABQB 265 at para. 18 (case references omitted): ...the evidence may be overly complex in the context of other experts’ evidence. Where experts present conflicting opinions, and as a result a “battle of experts” is anticipated, a jury will often be prevented from conveniently executing its task... However, each application depends on its own facts and a jury trial will still be appropriate where a jury could resolve conflicts between experts by the assessment of credibility and the application of common sense...

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