Is there any case law that supports the argument that a party who is not a qualified expert should be considered a negligent individual?
Ontario, Canada
The following excerpt is from Ball v. Amendola, 2009 CanLII 55309 (ON SC):
Further, as the court stated in Pittman Estate v. Bain, [1994] O.J. No. 463 (S.C.J.) at para. 258: Where the subject matter is one requiring expert knowledge of a specialized area, and qualified respected specialists cannot themselves reasonably agree on the appropriate conduct, common sense dictates that the court should not decide that one body of opinion is more persuasive than another. Where reasonably informed people disagree, one of them cannot be labeled negligent.
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