The Ontario Court of Appeal has further clarified the
distinction between litigation expert witnesses and participant
expert witnesses. The distinction is crucial in determining what
type of evidence is admissible at trial.
In this recent decision, the Court held that much of the expert
evidence given at trial should have been inadmissible. It allowed
the appeal and ordered a new trial in the underlying sexual assault
action.
Background: At trial, the jury found in favour
of the plaintiff, Jesse Imeson, in his claim for sexual assault
against Maryvale Adolescent and Family Services
("Maryvale") and its former employee. The plaintiff spent
several months at the residential institution devoted to the care
and education of troubled youth. Many years later, Imeson was
convicted of three counts of second degree murder. While serving
his sentence for those crimes, Imeson alleged that he had been
sexually assaulted by an employee at Maryvale.
