Over the past year or so, a series of Canadian decisions have
caused lawyers, judges and legal commentators to refocus on the
issue of expert evidence in litigation. From the interaction
of expert witnesses with the people who pay their fees, to concerns
with the quality and usefulness of the evidence they provide, our
system is getting an overhaul.
This discussion will look at efforts to ensure that only helpful
expert evidence finds its way into litigation. This is not
intended to be a thorough review of the law of expert
evidence. Instead, its goal is to provide claims handlers
with updated suggestions for considering expert reports when
presented by claimants and their lawyers. However, since
claims are ultimately disposed of (either by settlement or trial)
with reference to the proof being offered and how it might play out
in a courtroom, an understanding of some of these recent
developments is essential to effective claims handling.
Knowing when to raise
