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How courts apply ‘no property in a witness’ principle to expert testimonies

Thursday, April 26, 2018 @ 10:37 AM | By Jennifer Hunter

The long-standing principle that “there is no property in a witness” allows any party in an action to interview the same witness and to admit evidence from the same witness in court. While this principle is often practised in the context of fact witnesses, it is less common to see opposing counsel retain the same expert in an action.

Although uncommon and perhaps controversial, our courts have recently confirmed the tenability of this practice. In this fourth article in the series on expert evidence, we highlight...