What is the test for requiring a party to engage in what is considered an expert’s task?
Ontario, Canada
The following excerpt is from Beazley v. Johnston et al., 2022 ONSC 1739 (CanLII):
[20] At para. 7 of Marshall v. Jackson, 2021 ONSC 2361, 154 O.R. (3d) 715, and relying on White Burgess, Morgan J. stated that it is “trite law to say that a party cannot function as his or her own expert, regardless of the professional qualifications of the party, since expert evidence must be ‘fair, objective and non-partisan’.” At para. 8, Morgan J. highlighted the impropriety of requiring a party to engage in what is considered the expert’s task.
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