How have the courts considered opinion evidence in the context of an appeal?
British Columbia, Canada
The following excerpt is from Baas v. Jellema, 2000 BCCA 24 (CanLII):
Plaintiff’s counsel relied upon a number of authorities, the first of which was Fisher v. The Queen (1961), 1961 CanLII 10 (SCC), 35 C.R. 107 (S.C.R.). That was a case where a physician was allowed to express an opinion on the capacity of the accused to form the intent required for murder in circumstances where it was admitted the accused had consumed a large quantity of beer. It was said that the evidence in question could have been given by a layman and that opinion evidence was not required but the evidence was held admissible. With respect, I do not think that case helps the determination of this appeal.
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