What is the test for admitting expert opinion at the gatekeeping stage?
Ontario, Canada
The following excerpt is from Owala v. Makary, 2021 ONSC 7475 (CanLII):
The gatekeeping stage considers “whether the benefits in admitting the evidence outweigh any potential harm to the trial process. Where the probative value of the expert opinion evidence is outweighed by its prejudicial effect, it should be excluded.” (R v. Bingley, 2017 SCC 12, [2017] 1 SCR 170, at para. 16).
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