Practical Tips For Litigators That Work With Expert Witnesses On Damages Issues

Counsel‟s relationship with a financial expert on a particular matter can span months or years. Therefore it is important to choose carefully. Experienced counsel will have established their preferred methods and practices for selecting and retaining experts and working with those experts during the progression of the case. These preferred methods and practices vary.

Likewise, experienced financial experts have preferences (and professional requirements) governing their conduct on a particular engagement. Some of these requirements are outlined by regulatory bodies including the Canadian Institute of Chartered Business Valuators. Requirements are also outlined by the Courts. For example, Courts in Ontario have recently instituted a requirement that experts providing opinion evidence submit a declaration to the Court stating that their work is fair, objective and non-partisan.