SCC Clarifies Test for Qualifying as an Expert Witness

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”…

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…