expert evidence - Inspire Law

When Does an Expert Lack Impartiality, Independence?

October 30, 2020
Susan Kootnekoff
Image: "File:A skeletal doctor testifies at court. Lithograph by L. Crusi Wellcome V0042242ER.jpg" is licensed under CC BY 4.0

In Cambie Surgeries Corporation v British Columbia (Attorney General), the court expressed concerns about the impartiality and independence of certain experts. The plaintiffs sought to have certain provisions of the Medicare Protection Act declared unconstitutional. Patients, they said, should not be...

Problematic Experts in Legal Proceedings

February 19, 2020
Susan Kootnekoff
Photo, man-wearing-blue-scrub-suit-and-mask-sitting-on-bench-3279197, Jonathan Borba, courtesy of Pexels

In legal proceedings, sometimes it is necessary for the judge to be educated on advanced scientific issues. In such cases, expert evidence is sought. Although courts have always decided whether an expert’s evidence is admissible, Canadian courts are increasingly scrutinizing proposed...