Is professional evidence necessary in a personal injury case?

Ontario, Canada


The following excerpt is from Stewart v. Bachan, 2003 CanLII 74265 (ON CJ):

[34] Professional evidence is not necessary in every case even when the court is being asked to place limits on a party’s right to access. See Young v. Young, [1993] 4 S.C.R. 3, 160 N.R. 1, 34 B.C.A.C. 161, 84 B.C.L.R. (2d) 1, 56 W.A.C. 161, [1993] 8 W.W.R. 513, 108 D.L.R. (4th) 193, 18 C.R.R. (2d) 41, 49 R.F.L. (3d) 117, [1993] R.D.F. 703, 1993 CanLII 34, [1993] S.C.J. No. 112, 1993 Cars­well­BC 264. Each case must be assessed on its own facts. On the evidence before me, I feel I am in a position to decide the issues that arise in this case without ordering an assessment under section 30 of the Act.

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