10 Questions
What type of evidence is given by a witness that is based on conclusions or inferences drawn from facts or observations?
Opinion evidence
When is opinion evidence admissible according to the text?
When it is the opinion of a layperson helpful for understanding or the opinion of an expert
In what circumstance is a layperson's opinion permitted according to the text?
When the subject matter is within the knowledge of the average person
What is a compendious mode of expressing facts mentioned in the text?
A narrative mixed with opinions to express information
When is opinion evidence permitted by the court?
When it's difficult for the witness to express information without stating an opinion
What are the Mohan Factors?
Relevance, Necessity, Qualifications, Absence of any exclusionary rule
What is the 'Expert Opinion Rule' about?
Qualified experts can provide their opinion to help the trier of fact understand the evidence
Why is it important for judges to determine the qualifications of expert witnesses?
To determine if the evidence provided is admissible
What is the 'Hired Gun Syndrome' referring to?
Experts who are biased or adapt their evidence based on who hires them
Under what circumstances can expert reports be used instead of calling experts as witnesses?
With the leave of the court and under s 52(2) of the Ontario Evidence Act
Learn about opinion evidence in witness testimony, including the distinction between personal observations and inferences. Discover when opinion evidence is admissible and the criteria that must be met. Copyright © 2023 Emond Montgomery Publications. All rights reserved.
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