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Professional Development

8. Adding Credibility with Expert Witnesses in Litigation * **

Tuesday, August 18, 9:30 – 12:00

Litigation counsel frequently retain “expert” witnesses (“experts”) to assist with particular aspects of their cases which are highly technical or which require specialized knowledge.  Through their qualifications and experience, experts possess specialized knowledge at a level that the typical lay person, fact witness or the Court might not normally be expected to possess.  Often, the testimony of the expert witness is instrumental in proving either liability or damages in a case.

This CLE presentation will be delivered from the point of view of litigation counsel and expert witnesses and will cover the following topics:

• What is the role of the expert in a litigation context?
• How does counsel research, select and retain a credible and effective expert (reputation, track record, qualifications etc)?
• What role should counsel play during the preparation of an expert report?
• What role should counsel play when reviewing an interim draft report en route to issuing a final expert report?
• What characteristics define a credible and effective expert report?
• How to ensure that technical or specialized concepts and issues are explained in a clear and understandable manner in an expert report.
• Preparing an expert witness for trial.
• How to review an opposing expert’s report.
• How to effectively cross examine an opposing expert at trial.
• Discussion of criteria for effective expert reports as outlined in case law (for example, The Ikarian Reefer case)

Panellists:
Bob MacDonald, FCA, CA
Navigant Consulting

Simon V. Potter
McCarthy Tétrault, LLP