What is the test for admitting expert evidence in a medical malpractice case?
Ontario, Canada
The following excerpt is from Children’s Aid Society of Owen Sound and Grey County v. A.C., 2005 ONCJ 563 (CanLII):
[24] As was said at paragraph [17] in The Queen v. Mohan, supra, admission of expert evidence depends on the application of the following criteria: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert.
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