This summary distils the Expert Evidence proposals in the
Ontario Civil Rules Review Final Policy Proposals. It explains
what's driving the change, what was initially proposed, what
the bar said in consultation, how the Working Group has revised its
approach, and what it recommends.
Introduction
Expert evidence drives time, cost, and outcome risk in civil
cases. The Working Group recognizes improvements from recent Rule
53.03 amendments (earlier exchange and sanctions for lateness), but
identifies persistent problems: unclear expert roles, too many
experts, poor timing discipline, perceived bias (“hired
guns”), longer trials, and presentation that hinders the
understanding of the trial judge. This section proposesThe Working
Group has proposed targeted reforms to clarify roles, reduce
duplication, front‑load clarity, and streamline how experts
are used and heard—especially on the Trial Track—while
keeping fairness at the core.
