CIVIL EVIDENCE - Weight - Expert evidence - Basis for opinion - Qualification as an expert

Law360 Canada ( May 3, 2022, 6:26 AM EDT) -- Motion by Beazley to be qualified as an expert witness to give opinion evidence. The 27 physicians named as defendants (“Doctors”) were involved in the care and treatment of Beazley. Beazley’s primary allegation was that because of the Doctors’ conduct, there was a delay in him being diagnosed with Lyme disease. He alleged that because of the delayed diagnosis, he suffered injuries and losses. He claimed damages. The claims against the Doctors were based in negligence, negligent misrepresentation and breach of fiduciary duty. The Doctors relied on opinion evidence from physicians in seven practice areas. Beazley relied on the opinion evidence of a physician who, prior to his retirement, practiced in family medicine and emergency medicine. He also relied on two documents that he prepared. Each of those documents was titled Expert Report (“Beazley Reports”). The sole issue was whether Beazley met the threshold requirement for qualification as an expert witness. Specifically, was Beazley able and willing to carry out the “duty to the court to give fair, objective and non-partisan opinion evidence”?...
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