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Overeager experts get wake-up call as they battle it out in environmental litigation

Wednesday, October 11, 2017 @ 2:40 PM | By Marc McAree and Victoria Chai

Disputes that lead to environmental claims almost always deal at the intersection of science, engineering and law. Environmental experts are integral to the environmental lawyer’s ability to comprehend and advocate about the science and engineering that underpins many environmental disputes.

Environmental litigators in Ontario are, like all other litigators, bound by the Rules of Civil Procedure in the civil litigation context. There is recent new law about (i) experts’ duty of loyalty to decision-makers and (ii) non-disclosure of experts’ files and reports, with the former incorporated...