Can a witness who has not been engaged by or on behalf of a party to the litigation give five opinion evidence for the truth of their opinion?

Ontario, Canada


The following excerpt is from 17-000502 v RSA Insurance, 2019 CanLII 22212 (ON LAT):

The applicant submits that the adjudicator ignored the principles set out in Westerhof v. Gee Estate, 2015 ONCA 206 and, in particular, what was stated by the court at para. 60 of the decision, which reads as follows: Instead, I conclude that a witness with special skill, knowledge, training, or experience who has not been engaged by or on behalf of a party to the litigation may five opinion evidence for the truth of its contents without complying with rule 53.03 where: • the opinion to be given is based on the witness’s observation of or participation in the events at issue; and • the witness formed the opinion to be given as part of the ordinary exercise of his or her skill, knowledge, training and experience while observing or participating in such events.

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