Is an expert's opinion based solely on a hypothetical question?

British Columbia, Canada


The following excerpt is from Tepper v The Owners, Strata Plan 785, 2018 BCSC 223 (CanLII):

In Bleta v. R., 1964 CanLII 14 (SCC), [1964] S.C.R. 561 at 564, Ritchie J. discussed the inappropriateness of an expert basing its opinion on facts that are in dispute and when the credibility of certain evidence is contested: … it is because the opinion of an expert witness on such a question can serve only to confuse the issue unless the proven facts upon which it is based have been clearly indicated to the jury that the practice has grown up of requiring counsel, when seeking such an opinion, to state those facts in the form of a hypothetical question. In cases where the expert has been present throughout the trial and there is conflict between the witnesses, it is obviously unsatisfactory to ask him to express an opinion based upon the evidence which he has heard because the answer to such a question involves the expert in having to resolve the conflict in accordance with his own view of the credibility of the witnesses and the jury has no way of knowing upon what evidence he based his opinion. Where, however, there is no conflict in the evidence, the same difficulty does not necessarily arise and different considerations may therefore apply.

Other Questions


What is the test for an expert's opinion that in law a conclusion based on an opinion not reasonably supported by facts is patently unreasonable? (British Columbia, Canada)
Does a certification judge have to resolve a conflict of opinion between two expert opinions? (British Columbia, Canada)
If a formula is based on a crystal ball, is it possible to create a formula based solely on a single formula? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Is an expert’s opinion based on hearsay? (British Columbia, Canada)
Is an expert opinion that is based upon hearsay inadmissible? (British Columbia, Canada)
Can expert opinions based on assumed facts be admissible at trial? (British Columbia, Canada)
Is an employer entitled to an opinion of an employee's conduct that is not based on their own opinion? (British Columbia, Canada)
What is the judicial response to the question of admissibility of an expert opinion? (British Columbia, Canada)
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.