No Weight Given to “Simply Conclusory” Defence Medical Opinion
Adding to this site’s archived posts of judicial criticism of expert witness advocacy or otherwise unsatisforcy expert opinions, reasons for judgement were recently brought to my attention finding that ‘no weight‘ should be attached to an expert that provided a ‘simply conclusory‘ opinion.
In the recent case (Tzotzolis v. Wyman) the Plaintiff was involved in a 2016 rear-end collision. Following the crash the Plaintiff suffered from persistent lower back pain. Although the case involved a BC crash ICBC retained a physician based out of Ontario who occasionally flies to BC to provide an independent medical exam. That physician opined that the persistent back pain the Plaintiff suffered from was not related to the crash which was merely coincidental. In rejecting this opinion and finding it deserves ‘no weight’ Mr. Justice Saunders provided the following comments: