Giving Expert Evidence – A Guide to the Recent Changes to
The Rules of Civil Procedure

Earlier this year several changes to the Rules of Civil Procedure, which govern how lawsuits in Ontario are conducted, came into force. A number of the changes are relevant to individuals who provide expert evidence to be relied upon in a lawsuit.

The changes are based on the principle of 'proportionality' – that the time and expense of any proceeding be proportionate to the amount in dispute and the importance of the issues at stake. The intention of the amendments with respect specifically to expert evidence is:

1. To require the parties to consider and attempt to resolve key issues at an earlier stage in the lawsuit than has historically been done;
2. An increase in the productivity of settlement discussions; and
3. The reduction (if not the elimination) of last-minute requests to adjourn trials specifically for the purpose of obtaining and delivering additional expert reports.

Kelly Santini LLP has prepared a detailed review of the changes to the amendments and their impact on expert witnesses covering:

• The codification of the duty of an expert
• Selection of expert witnesses by counsel
• When must reports be served?
• New content requirements for expert reports
• Meeting of experts by order of the Court
• Cost considerations for expert witnesses.

Download the full report here >