not formed as part of the ordinary exercise of his or her skill,
knowledge, training and experience while observing or participating in such events.
 Furthermore, Dr. Smith’s expert opinions going to the
issues of liability and causation failed to satisfy the threshold
requirements of admissibility under the first step of Mohan (R. v.
Mohan,  2 S.C.R. 9,  S.C.J. No. 36), as that test has
been clarified in White Burgess Langille Inman v. Abbott and
Haliburton Co.,  2 S.C.R. 182,  S.C.J. No. 23, 2015
SCC 23 and ought to have been excluded under the second step of
the admissibility test because the prejudicial effect of such evidence outweighed its probative value.
(1) The sexual assault action
 Jesse Imeson had a very troubled childhood with significant
family instability and behavioural problems. In 1996–1997, he
spent a few months at Maryvale, a residential institution devoted
to the care and education of troubled youth.
 In 2008, Mr. Imeson was convicted of three counts of second degree murder. The first victim was killed in a fight. A few
days later, Mr. Imeson killed two people with their own gun after
breaking into their cottage. He is serving three life sentences for
murder in a federal penitentiary.
 In 2009 or early 2010, while in prison, Mr. Imeson first
alleged that he had been sexually assaulted by Tony “Doe”,
a former child and youth worker with Maryvale. The complaint
was made to his lawyers in this litigation, which was commenced
in 2011. He also alleged that, about a year after leaving Maryvale,
and while in foster care, he was sexually abused by Father
 There were no witnesses to the alleged sexual abuse, which
abuse the defendants denied.
 The trial took place in September 2016 before a judge and
jury. There were four witnesses: Mr. Imeson, Dr. Smith, Tony
“Doe” (the former Maryvale employee) and Father Comiskey, who
testified on behalf of the archdiocese. The examination for discovery evidence of Father Horwath, who passed away before the
trial, was also read in as evidence at trial.