Monday, 24 April 2017 09:01

In search of the right expert witness

In search of the right expert witnessWhile it may seem at times that in the world at large there is increasing resistance to facts and expertise, this is not the case in the courts. Expert evidence often plays a key role in the ultimate decision made by a trier of fact. It is also one aspect of litigation that is unlikely to decrease in importance, says a former Ontario Court of Appeal judge who headed the comprehensive public inquiry into pediatric forensic pathology in the province, known as the Goudge Inquiry.
Published in Issue Archive
Monday, 24 April 2017 09:00

Cross-examining the business valuator

Illustration: Paul Howalt
Illustration: Paul Howalt
Expert witnesses in valuation disputes make common mistakes and assumptions that can be drawn out in cross-examination.
Published in Features
Illustration: Kim Rosen
Illustration: Kim Rosen
Across the country, courts have been struggling with the best way to present expert evidence. If you have been listening to the latest debates on the subject, you will probably have heard the term “hot tubbing” as a method for organizing expert evidence in a hearing. It was coined in Australia to describe the procedure of organizing all experts in a case into a panel and hearing their evidence concurrently. The growing bulk of academic and legal papers on the topic seem to agree that both judges and experts like the idea. The question is “Should lawyers like the idea?”
Published in Features

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