Can I use expert evidence at my Ontario civil trial and how do I get it admitted?

Expert evidence is permitted in Ontario civil trials when the subject matter requires specialized knowledge beyond the ordinary experience of a judge or jury. Common examples include medical evidence in personal injury cases, engineering evidence in property damage disputes, accounting evidence in business valuation cases, and technical evidence in intellectual property matters.

To use an expert at trial in Ontario, you must comply with Rule 53 of the Rules of Civil Procedure, which requires that a written expert report be served on the other parties within the time prescribed by the court's timetable or as ordered. The report must contain the expert's qualifications, opinions, the basis for those opinions, and a statement that the expert has reviewed and agrees to be bound by the Code of Conduct for Expert Witnesses appended to the rules.

The opposing party may serve a responding expert report and may cross-examine your expert at trial. Experts in Ontario owe an overriding duty to the court to be independent, objective, and unbiased — their role is not to be an advocate for the party who retained them. Courts have excluded expert evidence where the expert's independence was found to be compromised. Starting the process of finding and briefing an expert early is important, as expert report deadlines in Ontario litigation timetables are strictly enforced.