Willms & Shier Environmental Lawyers LLP is proud to announce that Marc McAree’s and Robert Woon's article titled Experts in Environmental Litigation has been published in the Canadian Journal of Administrative Law & Practice 28 C.J.A.L.P 123.
Their article sets out an overview of what environmental litigators need to consider when counting on environmental experts in litigation. It examines what environmental litigators need to know about: (i) finding and retaining the right experts, (ii) the production of documents that experts generate including the scope of litigation privilege, and (iii) requirements under Ontario’s Rules of Civil Procedure and the Law Society of Upper Canada’s Rules of Professional Conduct.
It also examines what opinions Canadian courts offer about the expected relationship between counsel and the expert, and alternative approaches to tendering expert evidence. Finally, the article reviews the law of admissibility of expert evidence including how to establish and maintain an expert’s credibility before and during a hearing or trial.