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ARTICLE · 18 JANUARY 2013

Facts vs. Assumptions - Experts Need To Know The Difference

Chartered Business Valuators (and other financial experts) are often retained to provide their professional opinion as to the quantum of a financial gain or loss in the context of litigation or a dispute.

CanadaFinance and Banking
Kim Jezior
Kim Jezior

Chartered Business Valuators (and other financial experts) are often retained to provide their professional opinion as to the quantum of a financial gain or loss in the context of litigation or a dispute. One or more experts are generally retained by each of the opposing parties and as a result, at least two differing opinions are often presented to the Court. In most cases, the differences in opinion often arise as a result of the assumptions underlying the experts' analysis.

Quantifying the financial impact of an event that did not (or will not) occur, by its very nature, requires the adoption of certain assumptions. However, drawing conclusions of fact and making unreasonable or unsupportable assumptions may result in an expert's report being granted little weight by the Court and therefore being of limited use. It is essential that Counsel and their client understand the differences between the facts that the expert relied upon and the assumptions that the expert

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