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Pondering the end of the ‘hired gun’ expert witness

Tuesday, August 15, 2017 @ 8:50 AM | By Kristian Bonn

The Court of Appeal’s recent decision in Bruff-Murphy v. Gunawardena 2017 ONCA 502, is a must-read for all personal injury lawyers. On the one hand the court sent a clear direction to trial judges that they must take a more robust role as the gatekeeper of expert evidence which should mark the end of either side using “hired guns.”

On the other hand, it reaffirmed the existing law that in a jury trial, an expert is safe from cross-examination on past judicial comments and findings....