(1) Evidence of an opinion is not admissible to prove
the existence of a fact about the existence of which the opinion was
expressed.
(2) Subsection (1) does not apply to evidence of an opinion
contained in a certificate or other document given or made under regulations
made under an Act other than this Act to the extent to which the regulations
provide that the certificate or other document has evidentiary effect.
Note :
Specific exceptions to the opinion rule are as follows--
• summaries of
voluminous or complex documents (section 50 (3))
• evidence relevant
otherwise than as opinion evidence (section 77)
• exceptions to the rule excluding evidence of
judgments and convictions (section 92 (3))
• character of and expert
opinion about accused persons (sections 110 and 111).
Other provisions of this
Act, or of other laws, may operate as further exceptions.
Examples:
1 P sues D, her doctor, for the negligent performance of a surgical
operation. Unless an exception to the opinion rule applies, P's neighbour, W,
who had the same operation, cannot give evidence of his opinion that D had not
performed the operation as well as his own.
2 P considers that electrical
work that D, an electrician, has done for her is unsatisfactory. Unless an
exception to the opinion rule applies, P cannot give evidence of her opinion
that D does not have the necessary skills to do electrical work.
