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ARTICLE · 30 MAY 2018

Expert Advice Series: Expert Bias. How Trial Courts Are Applying The White Burgess Analysis

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In 2015 in White Burgess Langille Inman v Abbott and Halibuton Co., 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility ...

CanadaLitigation, Mediation & Arbitration
Jennifer L. Hunter
Jennifer L. Hunter
Julia Boddy (Student-At-Law)
Julia Boddy (Student-At-Law)
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In 2015 in White Burgess Langille Inman v Abbott and Halibuton Co., 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. At the threshold stage, expert evidence will only be inadmissible if the expert is unable or unwilling to discharge his or her duty to provide a fair, objective and non-partisan opinion. Once the threshold stage is met, any remaining concerns about an expert's compliance with his or her duty should be taken into account in the overall cost-benefit analysis at the gatekeeper stage. If the evidence passes both the threshold and gatekeeper stages, any residual concerns about bias should be reflected in the weight given to the expert opinion.

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