What is the test for accepting expert evidence at trial?
British Columbia, Canada
The following excerpt is from R. v. Kwok Shing Enterprises Ltd., 2001 BCPC 305 (CanLII):
Regina v. Mohan, 1994 CanLII 80 (SCC), 29 C.R. (4th) 243 (S.C.C.) laid down the following criteria to be applied by trial judges when considering whether to accept expert evidence: a) relevance; b) necessity in assisting the trier of fact; c) the absence of any exclusionary rule; and d) the properly qualified expert.
"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
Can an appellate court "reconsider" evidence presented at trial when there is a reasoned belief that the trial judge must have forgotten or misconceived the evidence? (British Columbia, Canada)
Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony? (British Columbia, Canada)
What is the difference between "new evidence" and “new evidence” at trial? (British Columbia, Canada)
What is the relevant relevance and effect factor for admitting expert evidence at trial? (British Columbia, Canada)
What is the test for admissibility of expert evidence at trial? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (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)
Can an undercover police officer be accepted as an expert witness to provide evidence in a criminal case? (British Columbia, Canada)
How do conflicts in expert evidence affect the suitability of a summary trial? (British Columbia, Canada)
