Can a conclusion or opinion from a witness be admitted as non-expert opinion evidence?

Ontario, Canada


The following excerpt is from Halton Region Conservation Authority v. Ahmad et al., 2016 ONCJ 54 (CanLII):

[47] The counsel for the defendants argued that a witness’ conclusory statement or opinion, made without reference to the specific observations which support the opinion, lacks sufficient weight to be admitted under the “compendious mode of giving evidence” exception to the general rule barring the admission of opinion evidence. While I understand the argument that a bare opinion may be of little value unless the particulars upon which it is based are proffered in evidence, that issue does not affect the admissibility of the subject non-expert opinion evidence. If the lay opinion meets the totality of the admissibility criteria, on a balance of probabilities, then it may be admitted even though it may be of little adjudicative value. As stated in Regina v. Graat, supra, the weight of the non-expert opinion or conclusion admitted in accordance with the “modern” lay opinion evidence rule is entirely a matter for the trier of fact. Accordingly, “the value of [the] opinion will depend on the view the court takes in all the circumstances”[4].

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