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Evidence - Expert Opinion - Expert versus Technical

. Canada (Attorney General) v. Mosaic Forest Management Corporation

In Canada (Attorney General) v. Mosaic Forest Management Corporation (Fed CA, 2022) the Federal Court of Appeal held that technical evidence may not need to be qualified as from expert, since it is not opinion evidence (and thus doesn't require the expert exception for opinion evidence):
[19] Turning to the paragraphs struck out from the affidavit of Mr. Lee, these paragraphs are not opinion evidence at all but rather merely attach and provide a summary of data drawn from a report from Statistics Canada that is attached to Mr. Lee’s affidavit as an exhibit. No opinion whatsoever is proffered in the impugned paragraphs. As in The Owners, Strata Plan NES 97 v. Timberline Developments Ltd., 2011 BCCA 421 at paras. 45–46, 24 B.C.L.R. (5th) 234, and in R. v. Ajise, 2018 ONCA 494 at para. 23, 428 D.L.R. (4th) 586, aff’d on other grounds, 2018 SCC 51, [2018] 3 S.C.R. 301, upon which Mosaic relies, compilations or explanations of data drawn from exhibits—like those contained in the impugned paragraphs of Mr. Lee’s affidavit—do not constitute opinion evidence.


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Last modified: 05-01-23
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