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Expert witnesses can be a great help in court cases since they help break down complex topics into layman’s terms.
Health professionals or engineers may serve as expert witnesses since it may be difficult to understand either a health injury or the events that unfolded during a motor vehicle accident. In the case of a health professional, they may be asked questions about the facts of the case or they could give their opinion on an injury that could provide forensic evidence towards the court case.
Expert witnesses are chosen by lawyers based on their credentials and professional experience. They are typically hired by one side, but they face examination by the other during a trial.
While experts can be a great help, unfortunately one of the largest issues with using them is that they may have adversarial bias, according to Lawyers Weekly. Expert witnesses are supposed to be objective, but just like any person, they can’t help but be subjective, especially when they form certain perceptions about the case and in many cases, there are high stakes for the party during the trial.
One recent court case in Nova Scotia highlights this issue. The judge gave a leave to appeal from judgment in White Burgess Langille Inman, carrying on business as WBLI Chartered Accountants, et al. v. Abbott and Haliburton Company Limited, et al. The main issue behind the case was whether a report from an expert witness should be removed since the expert’s evidence was questioned as whether it was independent. A forensic accountant used was a partner of one of the accounting firms involved in the dispute.
There was a personal injury case in British Columbia that highlighted this issue when one party was seriously injured in a car accident. The party filed a claim against Suzuki Motor Corporation, General Motors Corporation, General Motors of Canada Limited – General Motors Du Canada Limitee, Cami-Automotive, Inc., Stingray Holdings Ltd., formerly known as Sunshine Motors Ltd., and Anchors Away Worldwide Cruises Inc., formerly known as Sunshine Motors (1994) Limited in Beazley v. Suzuki Motor Corporation. An issue that came up during the trial was a testimony by an expert witness, an engineer that worked with GM for 32 years, and the defence argued that the witness’ bias should disqualify his status as an expert.
The topic of which experts lawyers is a debatable issue among class action lawyers since their suits are particularly reliant on expert evidence, according to the Financial Post. Some lawyers would like to see judges scrutinize an expert’s evidence before the case goes to trial, says the Post. If an unqualified expert makes it to trial, then it can hurt one side’s case.
Another issue to consider with using an expert witness is that they make litigation more expensive. But there is a move towards allowing multiple experts to present their evidence together during a trial, known as hot tubbing, which has become common in Australia and can be used in some Canadian provinces. If used appropriately, it’s known to reduce the cost of litigation and the length of the trial.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 and we can help choose the right expert witness at your trial. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation. Come chat with us!
Greg Neinstein
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