Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Share on twitter
Share on facebook
Share on linkedin

On Expert Opinion Evidence

Share on twitter
Share on facebook
Share on linkedin
Share on email

On Expert Opinion Evidence

Posted September 7, 2021

In recent years judges have in their gatekeeping role become increasingly careful about whether they need an expert’s opinion, and the use and admissibility of expert opinion has been tightened.  Is the evidence of value to the court?  However, once you have an expert the real point is what you do with them.  Your task is to help the expert and the judge speak to and understand one another.

And of course if you cannot tell your story carefully and understandably through your expert you will have some difficulty crossing-examining the opposing expert.  You should know or appear to know as much as the opposing expert knows, and you use your expert as your teacher.  We are of course considerably freer to work with our experts with the resolution of Moore v. Getahun, 2014 ONSC 237.  The expert owes a duty to the court not to the party (See R. 4.1.01(1) ) to provide opinion evidence that is fair, objective and non-partisan; related only to matters that are within the expert’s area of expertise; and to provide such additional assistance as the court may reasonably require to determine a matter in issue.

More Resources

Practice Tips |
Estate Litigation

Posted September 27, 2021

Our courts are becoming increasingly frustrated with the filing of affidavit evidence in support of a position that is taken by a lawyer and is[...]
Practice Tips |
Estate Litigation

Posted September 20, 2021

As recently confirmed in Boucher v. Public Accountants Council for the Province of Ontario, 2004 CanLII 14579 (ON CA), estate litigation operates subject to the general costs regime set[...]
Practice Tips |
Estate Litigation

Posted September 13, 2021

Westerhof (Westerhof v. Gee Estate, 2015 ONCA 206, confirmed the reach and extent of expert opinion from a participant expert, who is afforded an exemption[...]

Subscribe to Our Newsletter

Name*
Consent*
This field is for validation purposes and should be left unchanged.