Is there any case law where a trier of fact was able to conduct the same review as a third party?
Alberta, Canada
The following excerpt is from Petrobank Energy and Resources Ltd. v. Safety Boss Ltd., 2012 ABQB 161 (CanLII):
In Dix v. Canada, 2001 ABQB 901, 302 AR 370, Ritter J., as he then was, referred to Scheel, and noted at para. 17 that as a trier of fact that he could have conducted the same review as the others to arrive at conclusions. The question is whether the evidence “is reasonably necessary to assist the trier of fact.”
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