As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims. There are a number of strict guidelines which govern experts and their expert reports. One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…
The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million. The trial judge awarded damages of less than $850,000. Among other things, the judge found that: (a) the…
If ICBC hires a doctor to examine a claimant, the denial of the claim may be based on “junk science” and therefore can be challenged. Novelty is a measure of reliability which must be balanced against its effect on the mind of the trier of fact. The concept of ‘novel’ is used to distinguish evidence that…
A new cost-benefit analysis for admission of expert reports introduced by the Supreme Court of Canada expands the gatekeeping role of judges in Canada (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). This development will change the landscape of expert evidence in personal injury lawsuits, especially when it comes to the hired guns such as…