How do you\u00a0express “the degree of certainty with which the expert holds the opinion”\u00a0as required by some civil procedure rules in Atlantic Canada? (Ref. 1)\u00a0 For example, Rule 55 in Nova Scotia.\u00a0 Do you know?<\/p>\n
What did the draftees of rules like this have in mind?<\/p>\n
How do you indicate if\u00a0the degree of certainty is\u00a0high or low,\u00a0or\u00a0somewhere in between?\u00a0 How do you indicate that it’s just over 50% or close to 95% or somewhere in between?<\/p>\n
Most definitions of “degree” in different dictionaries include words like “steps”, “stages”, “grade”, “classifications”.\u00a0 These words suggest to me something that can be measured, or at\u00a0least the attributes of different levels of classification identified.<\/p>\n
What words should we use if we use words?\u00a0 If we use numbers, how do we measure “degree” of certainty?<\/p>\n
Would the court expect an engineer or some other applied scientific expert to quantify the degree of certainty?\u00a0 Engineers like to measure things and to some extent, the courts, judges, juries, counsel, the public, know and expect this.\u00a0 How do you measure the degree of certainty?<\/p>\n
It’s been said, if you can measure something you can manage it.\u00a0(Ref. 2)\u00a0 How do you measure the degree of certainty\u00a0and manage to\u00a0achieve an acceptable certainty when forming your opinion?<\/p>\n
If we could measure it we could manage it and\u00a0ensure\u00a0it’s over 50%, say, or close to 95%, and assure the court that our opinion is correct.<\/p>\n
Could you quantify\u00a0degree of certainty\u00a0by reporting that you carried out a certain number of studies of equal validity and more than half of those\u00a0lead to\u00a0your opinion?\u00a0 Would that be quantification?<\/p>\n
Is it necessary to quantify the degree of certainty, as engineers would like to do?\u00a0 Or is it sufficient in Atlantic Canada to express an opinion in an expert report as follows, as recommended by one organization in the U.S. (Ref. 3):<\/p>\n
It is my opinion “based upon a reasonable degree of (engineering, medical, legal, accounting, jewelry appraisal, or other field) certainty that …”<\/em><\/p>\n When I first read this recommendation I e-mailed the first author, Steven Babitsky, a former personal injury trial attorney, and was told this means “more likely or more\u00a0probable than not and is legally sufficient”.\u00a0(Ref. 4)\u00a0 Is he saying “beyond a reasonable doubt”?\u00a0 If this gets us just over the line, 50+%, what about all the other classifications of certainty between 50+% and 95%?<\/p>\n Are these words\u00a0as suggested in the U.S. sufficient for the requirements of civil procedure rules like Rule 55 in Nova Scotia?\u00a0\u00a0Are they a sufficient statement of \u00a0“the degree of certainty” as required by our courts?<\/p>\n What do you think?\u00a0 How do we express the degree of certainty to the\u00a0court?<\/p>\n Do we use words to express the degree of certainty?\u00a0 If so,\u00a0what might those different words be to indicate different degrees, steps, stages, classifications, etc.\u00a0of certainty?\u00a0 Or do we measure and quantify, and, if so, how do we do this?<\/p>\n <\/strong>References<\/strong><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" How do you\u00a0express “the degree of certainty with which the expert holds the opinion”\u00a0as required by some civil procedure rules in Atlantic Canada? (Ref. 1)\u00a0 For example, Rule 55 in Nova Scotia.\u00a0 Do you know? What did the draftees of … Continue reading \n