The Independence Of Expert Witnesses

Although the proposition that an expert should be independent has always been accepted wisdom, the requirement that an expert be independent has only recently been mandated by the Court as part of the threshold test for admissibility.

The test as recently articulated by Laskin J.A. in Abbey #2¹ gathers in the preceding jurisprudence, and incorporates the Supreme Court of Canada's pronouncements in White Burgess.² Laskin J.A. stated:3

The test may be summarized as follows:

Expert evidence is admissible when:

1. It meets the threshold requirements of admissibility, which are:
   1. The evidence must be logically relevant;
   2. The evidence must be necessary to assist the trier of fact;