What is the test for using expert evidence in a property transaction?
British Columbia, Canada
The following excerpt is from Schiebel v. Hope (District), 2014 BCSC 949 (CanLII):
Both parties agree that the purpose of expert evidence, in this case on the fair market value of the taking and the impact, if any, of the taking upon the value of remainder, is not intended as a substitute for the conclusions of the trier of fact. Rather, it is an expert’s duty to furnish the court with the necessary criteria for testing their conclusions so as to allow the trier of fact a form his or her independent judgment as to the matter in issue: Perry v. Vargas, 2012 BCSC 1925 at para. 123.
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