Is there any case law that supports the argument that the criteria of necessity and the cost-benefit analysis apply more strictly?
Nova Scotia, Canada
The following excerpt is from Grabher v. Nova Scotia (Registrar of Motor Vehicles), 2018 NSSC 87 (CanLII):
Paragraphs 25 and 28 of R v. Mohan, 1994 CanLII 80 (SCC), [1994] 2 S.C.R. 9, read in conjunction, indicate that, when the expert evidence in question goes to an ultimate issue, the criteria of necessity and the cost-benefit analysis are more strictly applied.
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