The Canadian judicial system relies heavily on expert testimony. This is testimony presented by an expert who has special knowledge in the subject matter in terms of an opinion to a trier-of-fact (a lay person who is either a judge or a jury of one’s peers) to assist the trier-of-fact reach a reasonable judgment. As an example, either party may call in a Gynaecologist in a rape case to describe to the trier-of-fact what to expect in a case of rape, with the aim of either proving or disproving that there was rape, depending on the side bringing in the witness.
The expert does not testify on the specific facts of the case, but only gives an opinion that can allow the trier-of-fact to draw inferences. According to Section 657.3, any party can adduce expert evidence without the other party having to give rebuttal evidence.
According to 657.3 (1), expert evidence may be given in the form of a report that is accompanied by a solemn declaration or an affidavit of the said expert detailing his/her qualifications. You can only be considered as an expert if:
The judge cannot deny you the right to call in expert witnesses. However, Section 7 of the Canada Evidence Act requires that if you want to call in more than 5 witnesses, you must get leave of the court. The judge can only adjourn proceedings, seek witness particulars, or order compliance.
At Costa Law Firm, we understand the Mohan requirements that expert witnesses must possess to qualify as witnesses.
We will advise the expert witness on the type of evidence to produce, given that the law expects the evidence to be impartial, with no bias or appearance of bias. We will assist you to get experts in different fields since courts have been known to reject some experts such as in R v Docherty  OJ No. 3460.
Examining and cross-examining an expert witness is very complex because there are different rules for experts in different fields and because you can only ask hypothetical questions to the expert.
When you hire us, we will fight to have prosecutor’s expert evidence excluded if the witness is only giving personal opinion (there is no indicia of scientific knowledge) or if the time required, cost, or prejudicial effect outweighs probative value of the evidence.
We are available on 416-535-6329 or email@example.com for a free 20 minutes consultation.