What is the test for obtaining expert evidence in a personal injury case?
British Columbia, Canada
The following excerpt is from International Culinary Institute of Canada, Inc. v. Grant Thornton LLP, 2010 BCSC 541 (CanLII):
The test was set out in Ter Neuzen v. Korn, 1995 CanLII 74 (SCC), [1995] 3 S.C.R. 764 at para. 55 where Sopinka J. said: ... In either case, the basic question is whether the nature of the issue can be decided on the basis of the ordinary knowledge possessed by the jury or, on the contrary, the matter requires expert evidence because it is beyond the ken of the average juror.
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