The New Rules – Writing Reports and being Qualified as an Expert at Trial
Author(s): Stacey L. Stevens
July 1, 2010
On January 1, 2010, the Rules of Civil Procedure were amended in response to the recommendations of the former Associate Chief Justice of Ontario Coulter Osborne at the conclusion of the Civil Justice Reform Project. These amendments have, in part, changed the Rules relating to the form, content and delivery of expert reports and reflect the conclusion that experts were too focused on advocacy rather than upholding their duty to the Court of independence, fairness and objectivity1. The goal of the amendments is to institute reforms that will improve access to justice, improve efficiency and reduce delays.
The purpose of this paper is to provide medical and rehabilitation practitioners with an understanding of who the Court considers an expert to be, the criteria for report writing and the Court’s expectations of expert witnesses at Trial.