In litigation it may be tempting to retain an expert sympathetic
to your case, but do so at your peril. Expert opinions in
litigation are for the benefit of the Court and experts have a
special duty to provide fair, objective and non-partisan
assistance. Where an expert cannot provide such assistance, the
Court will reject their evidence.
In a recent voir dire ruling on the
admissibility of proposed expert evidence, the Supreme Court of
British Columbia found that the proposed expert was unable to be
fair and objective, and barred him from giving opinion
evidence.1
The case in question is a class action suit against TD Asset
Management Inc. The Plaintiffs allege that consumers paid excessive
fees for management of an equity fund that was alleged to employ a
passive investment strategy designed to close track or replicate,
but not exceed, the performance of the equity fund's
benchmark index. The Plaintiffs also allege that as a result of
this passive investment
