Sears - Order regarding expert witness

Sears - Order regarding expert witness

The Tribunal allowed Mr. DesRosiers to attend and testify and permitted him to give opinion evidence on survey methodology and analysis relating to the Canadian aftermarket for tires, but expressly reserved its decision on whether he is properly qualified to give that opinion evidence and required further...

Source-derived case information.

Citation
2003 Comp Trib 31
Parties
Applicant: Commissioner of Competition; Respondent: Sears Canada Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
22 December 2003
Procedural Posture
Deceptive Marketing Practices / Expert Qualification Hearing (interim Order)
Outcome
Expert allowed to testify; final qualification to give opinion evidence reserved.
Legal Topics
Expert Witness, Survey Methodology, Admissibility of Opinion Evidence, Deceptive Marketing Practices
Source Language
english
Competition Law Evidence Expert Witness Survey Methodology Admissibility of Opinion Evidence Deceptive Marketing Practices

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Parties

Commissioner of Competition

Applicant

Sears Canada Inc.

Respondent

Procedural Posture

Deceptive Marketing Practices / Expert Qualification Hearing (interim Order)

Legal Issues

  1. 1 Whether Dennis DesRosiers may be admitted as an expert on survey methodology and analysis relating to the Canadian aftermarket for tires
  2. 2 Whether portions of Mr. DesRosiers' testimony constitute opinion evidence
  3. 3 Whether Mr. DesRosiers is properly qualified to give the contested opinion evidence

Ratio Decidendi

The Tribunal allowed Mr. DesRosiers to attend and testify and permitted him to give opinion evidence on survey methodology and analysis relating to the Canadian aftermarket for tires, but expressly reserved its decision on whether he is properly qualified to give that opinion evidence and required further submissions at closing on which portions are opinion and on qualification.

Court Disposition

Expert allowed to testify; final qualification to give opinion evidence reserved.

Orders

  • Dennis DesRosiers may attend to testify and may give opinion evidence touching upon survey methodology and analysis relating to the Canadian aftermarket for tires.
  • The Tribunal reserves its decision as to whether Mr. DesRosiers is properly qualified to give such testimony.