Defense Doctor Criticised For “Advocacy” and Requiring Cross Examination to “Ferret Out” Opinions
Adding to this site’s archived posts of judicial criticism of expert witness advocacy, reasons for judgment were published today by the BC Supreme Court, New Westminster Registry, rejecting a defence expert for shortcomings in their opinion evidence.
In today’s case (Soltan v. Glasgow) the Plaintiff was injured in two collisions that the Defendants accepted fault for. In the course of litigation the Defendants retained an orthopaedic surgeon who provided opinion evidence minimizing the impact of the Plaintiff’s injuries and prognosis. In finding it “difficult to ascribe any weight” to these opinions Mr. Justice Saunders provided the following critical comments: