Since the reform of the Code of Civil Procedure of
Quebec, which came into force in January 2016, the courts can
impose joint expert evidence in some circumstances. In a judgment
rendered on February 28, 2019 in the matter of Webasto
v. Transport TFI 61, the Court of Appeal
specified the conditions required to appoint a joint expert, in the
context of class action proceedings.
Background
Pursuant to article 158 C.C.P., at any stage of a legal claim,
for case management purposes, the court may, on its own initiative
or on request, take measures to simplify or expedite the
proceedings, notably as regards expert evidence.
Accordingly, the court can assess the relevance or necessity of
expert opinions in view of the issues raised by the
dispute.2 Further to article 158(2) C.C.P., the court
may also impose joint expert evidence in certain conditions,
« if it is necessary to do so to uphold the principle of
proportionality and if, in light of the steps already taken,
