Expert witnesses, especially those with little experience
testifying in court, do not always appreciate their duties.
Justice Tzimas stated in a recent decision that counsel have an
obligation to ensure that their experts are not humiliated in
cross-examination.
In Pentalift Equipment Corporation v. 1371787
Ontario Inc., 2019 ONSC 4804, there were serious concerns
with an expert in materials failure and metallurgy, who was
testifying in court for the first time.
Justice Tzimas said that the expert was biased and either unable
or unwilling to appreciate the nature of his duties to the
court.
When pushed on some of the more difficult questions, the expert
said that he followed his client's instructions. He did not
question any of the information provided to him and did not conduct
sufficient background investigations. Further, he failed to follow
his own methodology.
