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Ontario appeal court expands criteria for trial judges to determine admissibility of expert evidence

Thursday, June 22, 2017 @ 8:52 AM | By Christopher Guly

Ontario trial court judges may feel more empowered to exclude expert witness testimony following a recent ruling by the province’s appeal court in a personal injury case.

Brenda HollingsworthIn Bruff-Murphy v. Gunawardena 2017 ONCA 502, the Ontario Court of Appeal ordered a new trial after concluding that the trial judge failed to properly discharge his gatekeeper duty in flagging his concerns to the jury that a defence expert witness “crossed the boundary of acceptable conduct and descended into the fray as a partisan advocate,” Justice William Hourigan...