Does counsel have a role in assisting an expert to provide a report that satisfies the criteria of admissibility?

British Columbia, Canada


The following excerpt is from Hilton v Brink, 2017 BCSC 1492 (CanLII):

Counsel have a role in assisting experts to provide a report that satisfies the criteria of admissibility. As was stated almost 25 years ago by Mr. Justice McColl in Surrey Credit Union v. Willson (1990), 1990 CanLII 1983 (BC SC), 45 B.C.L.R. (2d) 310 (S.C.): … There can be no criticism of counsel assisting an expert witness in the preparation of giving evidence. Where the assistance goes to form as opposed to the substance of the opinion itself no objection can be raised. It would be quite unusual in a case of this complexity if counsel did not spend some time in the preparation of witnesses before they were called to give evidence. It is no less objectionable to engage in the same process where the witness to be called is an expert. Indeed had the process been followed here much of the objectionable material might have been avoided. In my view where it is intended that an expert be called for the purposes of expressing an opinion the limits of that opinion should be explained to the witness so that there is a full understanding of the role that witness is about to embark upon in the proceedings.

Other Questions


Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
Does a defendant have to match expert for expert and report for report? (British Columbia, Canada)
Does the late filing of an expert report under the BCSC's Disjunctive Expert Report Rule permit late filing? (British Columbia, Canada)
Can a plaintiff who does not provide full disclosure of relevant medical information to the doctor providing the medical-legal report be denied costs? (British Columbia, Canada)
Can a notice of objection to the admissibility of an expert report be struck out? (British Columbia, Canada)
In a motor vehicle accident reconstruction case, can the accident reconstruction experts provide any assistance? (British Columbia, Canada)
Can the requirement to deliver an expert report within 84 days (or a response report in 42 days) be dispensed with? (British Columbia, Canada)
What is the test for admissibility of expert reports containing hearsay evidence? (British Columbia, Canada)
What is the impact of an expert's adoption of another expert’s report? (British Columbia, Canada)
In an expert report on the anatomy of the brain, is the expert relying on common practice or treatises? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.