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.