Expert Witnesses

Role of Expert Witness

An expert witness is someone whose training or background makes them qualified to provide an opinion to the Tribunal. Their role is to assist with issues that are relevant to the case but go beyond everyday knowledge. For example, the Tribunal may receive expert evidence about what the standards of practice of the profession are.

It is important to understand that there are restrictions on who will be accepted as an expert witness. Before being allowed, expert evidence must meet a legal test: it must be relevant, necessary, provided by a properly qualified expert, and not otherwise excluded by a rule of evidence (see R. v. Mohan, [1994] 2 S.C.R. 9). You cannot give evidence as your own expert, even if you have professional training or experience.

An expert witness’s main responsibility is to help the Tribunal by giving fair, unbiased, and objective evidence. This responsibility takes priority over helping the side that hired them. If an expert cannot or will not meet this duty, they will not be allowed to give evidence as an expert witness (see White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). 

Deadlines For Experts' Reports

The College must deliver any expert reports, which describe what the expert will say at the hearing, within 60 days following the first CMC. Once you receive all the College’s expert reports, you have 90 days to provide any expert reports you plan to use (see Rules 12.5.1 and 12.5.2). 

Any expert report responding to another expert report must be delivered within 60 days of receiving the original report (see Rule 12.5.4). For details on the required contents of an expert report, see Rule 12.5.5.

If you decide to call an expert witness, they must complete Form 12C, acknowledging their duty to provide opinion evidence that is fair, objective and non-partisan (see Rule 12.5.3). 

A party that objects to the evidence set out in an expert report must advise the other party and the Tribunal of their objection no later than 60 days after receiving it (see Rule 12.5.6).