by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses, Role of decision maker
“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...
by Mark Tottenham BL | Nov 6, 2020 | Admissibility of expert evidence, Expert determination of disputes, Role of decision maker
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...