What is the test for determining whether a jury is appropriate in cases involving conflicting expert opinions?
Alberta, Canada
The following excerpt is from Hennawi v. Zinger, 2005 ABQB 891 (CanLII):
While conflicting expert opinion may prevent a jury from conveniently executing its task, each application must turn on its own facts. A jury is still appropriate where it can resolve the conflicts between experts by an assessment of credibility and an application of common sense: Teichgraber v. Gallant (2001), 290 A.R. 338, 2001 ABQB 265.
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