What is the test for expert testimony in a negligence case?
Ontario, Canada
The following excerpt is from Metropolitan Toronto Condominium Corporation No. 1067 v. L. Chung Development Co. Ltd., 2012 ONSC 1549 (CanLII):
The point of law that is applicable here is succinctly stated in the decision of this Court in Pinarreta v. Abreu Refrigeration Ltd., [2009] O.J. No. 4728 at paragraph 14, as follows: …in a case in negligence, alleging breach of a standard of care, expert evidence concerning the appropriate standard of care and whether it has been breached must be given by a properly qualified expert, in a properly admissible sworn form, amenable to cross-examination.
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