Environmental litigators find themselves embroiled in a world of
disputes where science, engineering and environmental law
intersect. These disputes lead to environmental claims.
Environmental litigators retain litigation experts. Experts help to
decipher, untangle and inform at the intersection of technical and
legal issues. Litigators rely on experts because of their
specialized expertise.
This paper sets out an overview of what environmental litigators
should consider when counting on environmental experts in
litigation. We examine what environmental litigators need to know
about finding and retaining experts, the production of expert
generated documents, and the requirements under Ontario's
Rules of Civil Procedure and the Law Society of Upper
Canada's Rules of Professional Conduct. We examine
what opinions Canadian courts offer about the expected relationship
between counsel and an expert, and alternative approaches to
tendering expert evidence. Finally, we
