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Expert Evidence: How has the Landscape Changed for Counsel, Experts and Triers?
Sally Gomery
Partner, Ogilvy Renault LLP
Stephen R. Moore
Partner, Blaney McMurtry LLP, Toronto
- How are Ontario’s amended Rules of Civil Procedure changing the practice of experts and counsel?
- are experts becoming gun-shy?
- are they volunteering opinions outside their retainer and if so what do counsel do with that information?
- wording letters of retainer
- what to say and what not to say when briefing and speaking with experts
- how much of your discussions with experts must be disclosed and when?
- Will courts and tribunals be requiring experts to meet with each other in advance of the trial?
- what will the implications be for counsel?
- maintaining privilege
- can a jointly retained expert subsequently appear for one party?
- How do the new rules on expert reports apply to reports served before January 1st, 2010?
- will the reports have to be amended, and if so at what cost?
- should a jointly retained third party provide the range of possible outcomes?
- Strategies for counsel
- at trial
- what to demand before and at trial
- making sure your experts are not disqualified for lack of impartiality
- Will other courts and tribunals impose similar rules with respect to experts?