What is the test for the credibility of expert testimony in the context of Factortame?
Alberta, Canada
The following excerpt is from Kuehnemuth v. Edmonton (City), 2014 ABPC 249 (CanLII):
Lord Wilberforce in White House v. Jordan [1981] 1 W.L.R. 246 at page 256 was quoted in para. 64 of Factortame: “It is necessary that expert evidence presented to the court should be, and should be seen to be, the independent product of the expert, uninfluenced as to the former content by exigencies in litigation. To the extent that it is not, the evidence is likely to be not only incorrect but self-defeating.” (see para. 64)
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