doingdishes
Well-Known Member
this is something from the courts from Mar 3
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-2030-13
Order dated 02-MAR-2015 rendered by The Honourable Mr. Justice Phelan Matter considered with personal appearance The Court's decision is with regard to Oral motion regarding the applicability of the principles Browne v Dunn in the present proceeding Result: granted in part "This Court Orders that in respect to the treatment of expert evidence in action, the following shall apply: 'In respect of expert evidence, the Court is not required to accept an expert opinion offered merely because it is not contradicted by cross-examination or other evidence. The principle in Browne v Dunn does not operate to create a presumption of persuasiveness in expert testimony. In particular, the weight, if any, to be accorded to an expert's opinion is not contigent on whether the cross-examination has taken place, nor is cross- examination a precondition to a party leading contradictory expert evidence, or taking issue with an expert testimony in argument.'" Filed on 02-MAR-2015 copies sent to parties entered in J. & O. Book, volume 1259 page(s) 406 - 407 Interlocutory Decision
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-2030-13
Order dated 02-MAR-2015 rendered by The Honourable Mr. Justice Phelan Matter considered with personal appearance The Court's decision is with regard to Oral motion regarding the applicability of the principles Browne v Dunn in the present proceeding Result: granted in part "This Court Orders that in respect to the treatment of expert evidence in action, the following shall apply: 'In respect of expert evidence, the Court is not required to accept an expert opinion offered merely because it is not contradicted by cross-examination or other evidence. The principle in Browne v Dunn does not operate to create a presumption of persuasiveness in expert testimony. In particular, the weight, if any, to be accorded to an expert's opinion is not contigent on whether the cross-examination has taken place, nor is cross- examination a precondition to a party leading contradictory expert evidence, or taking issue with an expert testimony in argument.'" Filed on 02-MAR-2015 copies sent to parties entered in J. & O. Book, volume 1259 page(s) 406 - 407 Interlocutory Decision