Roles of expert, judge and lawyer concerning expert evidence
“The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. Judges must exercise their gatekeeping role throughout the testimony of expert witnesses; 2. Experts must stick to the area of his or her expertise and […]
Can a court reject an uncontroverted expert report?
The High Court of England and Wales has considered the question of whether a trial court is entitled to reject a plaintiff’s expert evidence, where no expert evidence has been preferred by the defendant. The claimant had suffered food poisoning while visiting Turkey, and brought an action against the travel company. He relied on the […]