Adding to this site’s archives of judgements criticizing or rejecting expert opinion evidence reasons were published today by the BC Supreme Court dismissing the opinion of a defence retained orthopaedic surgeon commenting on chronic pain.
In today’s case (Adams v. Rhys-Williams) the Plaintiff was injured in a 2014 collision. The Defendants admitted liability. The crash resulted in injuries to the plaintiff which developed into myofascial pain and a chronic pain disorder.
In the course of the lawsuit the defendants retained a partially retired orthopaedic surgeon from Ontario who conducted an independent medical exam. That surgeon opined that the Plaintiff’s injuries were not disabling and ought to “inevitably resolve“. The Court rejected this opinion as being “hurried and more of an attempt to summarily dismiss the injuries claimed“. In rejecting the evidence Mr. Justice Jenkins provided the following reasons: