Fraser River Pile & Dredge Ltd. v. Ingenika ( The )
T-1631-93
Reed J.
20/3/95
8 pp.
Reasons for refusal to admit affidavit of Captain Collins as expert opinion evidence -- No clear distinction drawn in expert affidavit between facts upon which opinion based and opinion itself -- Almost all of paragraphs 3 to 11 assert what might be called primary facts or conclusions therefrom, not expert opinion evidence -- Two aspects to expert evidence: (1) adducing of facts through expert because individual has particular knowledge thereof and such evidence can only realistically be obtained in this manner; (2) drawing of inferences from defined set of facts where making of such inferences difficult for trier of fact as depending on specialized knowledge, skill or experience -- Captain Collins' opinion not falling into first category -- Affidavit being of second type of expert evidence, drawing of inferences from defined set of facts -- Criteria to be applied whether proferred evidence necessary as expert opinion evidence in context of case in which proferred-Greater need for expert opinion when much of primary fact evidence technical in nature -- Evidence of Captain Collins not relating to drawing of inferences difficult to make from proven facts-Carrying no more weight than that of other witnesses -- Expert opinion evidence should be prepared so as to: (1) set out defined set of facts with respect to which opinion being sought; (2) set out technical or difficult question with respect to which opinion being sought; (3) set out theory, special principles, knowledge upon which expert relies; and (4) set out opinion.