In a Judgment rendered on March 23rd, 2015, in MacLean v. Parmar , A.J. No. 214, ABQB, Madame Justice Eidsvik of Calgary wrote an interesting decision with respect to which injuries are not capped under the Minor Injury Regulation. In doing so, she also made some very interesting comments about one of the experts called by the Defendant auto insurance company; specifically, a neuropsychologist named Dr. Paul Green. Canadian courts are often very reluctant to criticize experts, but in this case, the Court states that Dr. Paul Green’s evidence was, “not only off-base on the facts but was offensive, unhelpful and distressing.” To paraphrase the Court: An expert is supposed to approach a case with an open mind. This is especially so in cases such as this one where the problems are mainly of a soft tissue and a psychological nature. Credibility of the report is a crucial factor. Dr. Paul Green did not examine the Plaintiff and therefore was impaired on his assessment on credibility, which he made in any event, despite this handicap, on treatment notes alone. The Court stated that, “in my view, Dr. Green is blatantly biased against Plaintiffs and he tarred Ms. MacLean with this brush. His views therefore are not helpful. In my view, this bias taints and discredits everything Dr. Green had to offer the Court.” Very strong statements from our Alberta Court of Queen’s Bench regarding an expert; but they are welcome statements when an expert is this biased as such experts drive up the cost of auto insurance for all of us as they polarize the positions of the parties trying to settle and then they end up in trial.
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