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Spring 2018 issue of the Expert Witness newsletter (volume 22, issue 1)
Contents: This issue contains one article. Christopher Bruce investigates the principles that the courts have developed to determine whether experts and their evidence should be admitted into court. Admissibility of Expert Evidence: Personal Injury Litigation Dr. Bruce argues that these principles can usefully be divided into four categories: the requirement that expert testimony be useful; the identification of… Continue reading
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Admissibility of Expert Evidence: Personal Injury Litigation
by Christopher J. Bruce The admission of expert evidence has required that the courts maintain a fine balance between, on the one hand, caution against the possibility that witnesses may usurp the court’s role of forming opinions and drawing conclusions; and, on the other hand, recognition of the fact that juries and triers of fact may… Continue reading
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Selecting the Discount Rate (2017)
Recently Economica undertook a detailed re-evaluation of our recommendations concerning the discount rate. We argue that plaintiffs have available two alternative methods of investing their awards for future losses. In the first, which we call the annuity approach, plaintiffs use their awards to purchase life annuities or structured settlements. In the second, which we call… Continue reading
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The Structure of a Cost of Care Report
Dr. Bruce and Ms. Rathje provide an economist’s perspective on various issues that arise in the presentation of cost of care reports. These include issues such as incremental costs, requirements that will vary over a plaintiff’s lifetime, the approach to ranges of estimates for costs or replacement frequencies, the costs of housekeepers and personal care… Continue reading
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The Effect of Incarceration on Future Earnings
In this article, Dr. Bruce and Mr. Aldridge find that the literature regarding the effect of a criminal record on income suggests incarceration has a relatively small effect on lifetime earnings. Those who have been incarcerated tend to have lower levels of income than those without a criminal record, not because incarceration has changed their… Continue reading
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Are Data from the 2011 Census Reliable?
In this article, Dr. Bruce examines the reliability of the 2011 Census income data. In the past, completion of the long form census was mandatory. In 2011, however, completion of this form was voluntary and the response rate decreased. While this created statistical problems concerning the reliability of the data, Statistics Canada had anticipated these… Continue reading
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Cross versus Sole Dependency in Fatal Accident Actions
In this article, Dr. Bruce notes that a fundamental assumption in economics is that individuals are rational. Therefore, when an individual is observed to make a voluntary choice, it can be concluded that the individual must have expected that choice to make him/her better off (or at least, no worse off). With respect to fatal… Continue reading
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The Cost of Household Services, Alberta 2014: A Survey
Christopher Bruce and Russette Pack summarise the results of a 2014 survey they conducted concerning the costs of providing household services in Alberta. They report that the costs of meal preparation, maintenance and repairs, snow removal and lawn mowing, housecleaning and laundry, and child care have all increased since our last survey; and that the… Continue reading
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The Dependency Rate as a Percentage of After-tax Income: Canada 2008
We examine whether or not the dependency rate increases or decreases as family income increases (or decreases). In particular, some experts have argued that the survivor’s dependency decreases as the deceased’s income increases. For example, whereas the widow of a man with low income might need, say, 80 percent of his income in order to… Continue reading
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Estimating the Income of an Aboriginal Plaintiff: Recent Evidence
In this article, we discuss the average income, educational attainment, unemployment, and participation rates of aboriginal Canadians (relative to non-aboriginals), as well as the economic outcomes of aboriginal peoples living on reserves. We then outline the adjustments to the income estimates, based on the latest census data, we feel are reasonable. Continue reading