Global Litigator: Unbiased Opinion: The Objective Expert Witness in Canada

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Like litigation in the United States, cases in Canada often turn on expert testimony. Three recent developments in Canadian common law have clarified the standards for admitting expert evidence. In particular, decisions rendered by the Supreme Court of Canada and the Ontario Court of Appeal have emphasized that an expert’s role in litigation is to assist the court in as neutral and objective a manner as possible.

These decisions focus on three issues relating to the preparation and use of expert evidence at trial—namely, (1) the relationship between the lawyer and expert in preparing an expert opinion, (2) the circumstances in which an expert is required to provide a report and affirm her neutrality to the court, and (3) the test for challenging an expert’s bias at trial.