Can expert testimony be immunized in a personal injury action?

In the case of Carnahan v. Coates (1990), 71 .D.L.R. (4th ) 464 (B.C.S.C.) 477, Huddart J. concluded that witness immunity applied to expert witnesses as well as regular witnesses and held that the two rationales for the privilege were implicated, namely, the need for witnesses to testify fully and freely and most persuasively the protection of the court process by avoiding relitigation of the issues in the original action against the witnesses. However, the court also stated that an expert’s “… professional negligence is not immunized whenever an expert later relies on it in court”.