What is the test for admissibility of an expert report?
Ontario, Canada
The following excerpt is from R. v. Duffy, 2015 ONCJ 693 (CanLII):
[27] Cromwell J. in White v. Abbott, supra, at para. 34 stated that: … a proposed expert’s independence and impartiality goes to admissibility and not simply to weight and there is a threshold admissibility requirement in relation to this duty. Once that threshold is met, remaining concerns about the expert’s compliance with his or her duty should be considered as part of the over-all cost benefit analysis which the judge conducts to carry out his or her gatekeeping role.
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