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How the courts hold expert witnesses' feet to the fire

Thursday, March 09, 2017 @ 8:36 AM | By Simmy Yu

In an adversarial environment, lawyers on both sides will endeavour to put their best foot forward on behalf of their clients. However, experts are always expected to provide the court with unbiased, non-partisan opinion evidence. Recent judicial decisions have helped identify situations of bias and helped to clarify circumstances when the court may choose to include or exclude an expert’s evidence.

The starting point for any analysis as to the role and duty of experts can be found at 4.1.01 of the Rules of Civil Procedure (Ontario),...