What is the test for requiring expert evidence to prove deficient work?
British Columbia, Canada
The following excerpt is from Dame v. Duke, 2021 BCCRT 922 (CanLII):
16. In general, where an allegation of deficient work is based on a claim that the work fell below the required professional standard, and the subject matter is outside ordinary knowledge, expert evidence is required to prove the deficiency. Other times, a breach of the standard may be so obvious that it does not require expert evidence (see Bergen v. Guliker, 2015 BCCA 283).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of evidence required to prove deficient work? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
What is the standard of expert evidence required for PDGV's work? (British Columbia, Canada)
Can a claimant who has failed to provide income tax returns, other specific evidence of her financial circumstances, or evidence that her health disabled her from working, prove need? (British Columbia, Canada)
Is there evidence of evidence of injuries that limit a person’s capacity but not in his or her present work? (British Columbia, Canada)
What is the difference between expert evidence for which notice is required to be given? (British Columbia, Canada)
Is it necessary for an applicant to prove a breach of the standard of care with expert evidence? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
What is the standard of professional competence required to produce expert evidence in a medical malpractice case? (British Columbia, Canada)
What evidence is required to prove the purpose of the legislation is to infringe aboriginal rights? (British Columbia, Canada)
