RECORDING

Over the past 15 years, Canadian Judges have assumed a greater awareness of the “Gate-Keeper” function as referenced by the Supreme Court of Canada in the 1994 Decision in R. v. Mohan. In addition, the perceived reliability of the evidence to be offered by a prospective expert witness, including an assessment of the expected probative value v. prejudicial effect of said evidence, has now become a critical component of whether a qualified expert witness is a properly qualified expert as contemplated in Mohan.
This presentation will track the evolution of the law in Canada, including recent case law which clearly establishes the principle that a qualified expert witness may not be a properly qualified expert witness in the particular litigation proceeding in which said expert is proposed to be tendered to the Court. The presentation will also discuss a number of criteria by which the “real” expertise of an expert witness can be identified, measured and demonstrated to the satisfaction of the presiding Judge in the context of a particular litigation proceeding.

CHAIR

Andrew C. Moss, Moss Hachey Law

SPEAKER

Jack Blackier, Cox & Palmer

CPD

This session may be eligible for up to 2 hours of mandatory continuing professional development.