Does a certification judge have to resolve a conflict of opinion between two expert opinions?
British Columbia, Canada
The following excerpt is from Jones v. Zimmer GMBH, 2013 BCCA 21 (CanLII):
The certification judge referred to the conflicting expert opinions and said he did not have to resolve the conflict because the certification decision was not a decision on the merits. In this regard, he referred to Chalmers v. AMO Canada Company, 2009 BCSC 689 at para. 17, 178 A.C.W.S. (3d) 313, aff’d 2010 BCCA 560, 297 B.C.A.C. 186.
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