What is the test for disqualifying an expert who lacks impartiality and independence?
Ontario, Canada
The following excerpt is from Brandiferri v. Wawanesa Mutual Insurance, et al., 2011 ONSC 3200 (CanLII):
The law is clear that an expert who lacks impartiality and independence should be disqualified: Alfano (Trustee of) v. Piersanti, 2009 CanLII 12799, [2009] O.J. No. 1224 (S.C.) per E.M. Macdonald J. at paras. 5-6. This is not new law under the amended rules: Bank of Montreal v. Citak, 2001 CanLII 12419, [2001] O.J. No. 1096 (S.C.) per Farley J. at paras. 6-7. But the degree of impartiality and independence required of an expert has always been and will continue to be an open question to be explored in cross-examination.
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