During a personal injury class action trial arising from a VIA Rail derailment, a class member sought to qualify a chartered accountant as an expert witness to quantify past and future wage loss.
The defendants opposed the qualification, arguing the expert lacked objectivity and his evidence was unnecessary.
The Superior Court of Justice applied the Mohan framework and found the expert's evidence was not necessary, as he merely accepted the class member's uncorroborated figures without independent analysis.
The court also found the expert failed to establish a basic threshold of objectivity, rendering him improperly qualified.
The expert evidence was ruled inadmissible.
