SCC Rules On Impartiality And Independence Of Expert Witnesses

On April 30, 2015, the Supreme Court of Canada (SCC) released its decision in White Burgess Langille Inman v. Abbott and Haliburton Co. (White Burgess), relating to courts' assessment of the impartiality and independence of expert witnesses. In a unanimous decision, the SCC held that the impartiality and independence of expert witnesses is a factor to be considered when determining whether expert evidence is admissible. The SCC went on to articulate a threshold for admissibility and a framework for performing the admissibility analysis.

In White Burgess, shareholders launched a professional negligence action against the corporation's former auditors. The auditors sought summary judgment. The shareholders adduced expert evidence on the summary judgment motion from the corporation's current auditors, albeit from a partner in a different office than the office serving the corporation. The former auditors challenged the admissibility of the expert evidence on the grounds