What is the judicial response to the question of admissibility of an expert opinion?
British Columbia, Canada
The following excerpt is from Waterway Houseboats Ltd. v British Columbia, 2018 BCSC 2514 (CanLII):
In my view, the correct judicial response to the question of admissibility of an expert opinion is not to withdraw the evidence from the trier of fact (unless, of course, there are some other factors at play such that it will be prejudicial to one party) but rather to address the weight of the opinion and the reliability of the hearsay with an appropriate self‑instruction: Mazur v. Lucas, 2010 BCCA 473.
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