Expert Witnesses
When the negotiation stage of a matrimonial matter has run its course, the parties will resort to a trial to determine their outstanding issues.
At trial, it is not unusual for either one or both of the parties to call an expert witness to testify as to specific matters that require an expert opinion. For example, if there was a question as to the value of the matrimonial home or a specific property owned by one of the parties, an expert real estate valuator will be retained by one of the litigants and will testify as to the value of the property at a certain period.
In Harmony Shipping Co. S.A. v. Saudi Europe Line Ltd., Justice Penny conveyed the three pinnacle guidelines that govern the law with respect to qualifying an expert. They are as follows:
- There is no property in a witness;
- Even though a party has retained an expert and communicated privileged information to the expert, the expert can still provide an opinion for an opposing party and may be called as a witness at trial; but,
- The expert may not be questioned concerning any privileged material he or she received from the opposing solicitor or disclose any opinion given in confidence to the opposing solicitor.
To learn more about expert witnesses as well as the services provided by Krol & Krol, call 905.707.3370 today.
