expert witnesses

  • Back to basics

    Back to basics

    Mar 25, 2019

    For lawyers who practise insurance defence in personal injury cases, both in-house and external counsel, the past 12 months have not been marked by landmark Supreme Court decisions or other major developments that impact this area of the profession on a daily basis.

  • Ethical issues are too often ignored by medical experts

    Feb 25, 2019

    Medical experts are sometimes seen as mercenaries, selling their opinions for money. This has been favoured by the adversarial judicial system in North America, including Canada, with medical experts on both the sides of the courtroom. Medical experts too often believe firmly that their main duty is to help the requesting party to win their case. Therefore, some of these experts allow themselves to reinvent medicine, to lie or misrepresent the facts in court, to select specific facts, ignoring others in the medical file or to select the literature to help the lawyer to win their case.

  • In search of the right expert witness

    In search of the right expert witness

    Apr 24, 2017

    While 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.

  • Cross-examining the business valuator

    Cross-examining the business valuator

    Apr 24, 2017

    Expert witnesses in valuation disputes make common mistakes and assumptions that can be drawn out in cross-examination. The expert can be a difficult animal for a lawyer to cross-examine; they are testifying on something that they know better than anyone. Business valuators are important in giving expert evidence in business deals, insolvency and restructuring and transition planning in wealthy families. But if lawyers feel hamstrung or intimidated cross-examining valuation experts, they can take heart in knowing that there are several errors these experts frequently make and learn how to spot them.