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The Canadian Bar Association

Yoram Beck and Suzanne Loomer

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Reforming expert evidence

By Yoram Beck and Suzanne Loomer March 2, 2015 2 March 2015

Reforming expert evidence

Expert evidence is a key piece of the litigation process, and, despite its challenges, is here to stay. But that doesn’t mean our legal system shouldn’t explore alternative approaches that reduce the cost of litigation and present expert evidence more effectively.

Of course, expert evidence has always occupied an area somewhere between fact evidence and judicial determination.  Historically, the courts have recognized this and set clear rules and exceptions governing its admissibility. And over the last few years, rules of civil procedure in Canada have empowered the courts to guard against improper conduct by experts. The case law even emphasizes the need for governing bodies to remain vigilant and proactive in their oversight of expert evidence. 

So how should we go about bringing down the costs associated with expert testimony?

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