Expert evidence has been a hot topic in Canadian law recently. Following this trend, in White Burgess Langille Inman v. Abbott and Haliburton Co., the Supreme Court of Canada considered the duty owed by an expert witness to the court to be independent, impartial and unbiased. The Court clarified that where an expert is “unable”…
Tag: Evidence
Court of Appeal Holds that Counsel May Review Draft Expert Witness Reports
The Court of Appeal for Ontario has clarified the law in deciding that it is appropriate for counsel to review and discuss draft reports of expert witnesses. In so doing, the Court rejected the reasoning in an earlier trial court decision. In Moore v. Getahun, the Court of Appeal concluded that the practice of counsel…
Court Clarifies Evidence Required to Establish Prima Facie Case of Discrimination
For employers and service providers appearing before the Human Rights Tribunal of Ontario (“HRTO”), a recent decision of the Divisional Court involving racial profiling will be of interest. The decision, Peel Law Association v. Pieters, provides significant clarification on the evidence required to establish a prima facie case of discrimination. In this FTR Now we…
Bill 107 – Tribunal Issues Draft Rules of Procedure for Consultation
Bill 107, the Human Rights Code Amendment Act, will come into force effective June 30, 2008. The Human Rights Tribunal (the Tribunal) has recently released long awaited draft Rules of Procedure for review and comment by members of the human rights community. It is important to note that Bill 107 did not amend any of…