What is the scope of an expert’s cross-examination at a personal injury trial?
Ontario, Canada
The following excerpt is from Moffitt v. TD Canada Trust, 2019 ONSC 5208 (CanLII):
I concluded that it should be broader for two reasons: a) The admissibility of the expert’s evidence is not just limited to their qualifications. It is also determined by looking at the necessity and the reliability of the expert’s evidence. This will necessitate a broader cross-examination. b) It is possible that I will exercise my powers under Hryniak v. Mauldin (2014 SCC 7) to conduct a mini-trial. Given the considerable expense associated with the expert’s attendance, it makes no sense to have them attend twice
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