Environmental litigators find themselves embroiled in a world of disputes where science, engineering and environmental law intersect. These disputes lead to environmental claims. Environmental litigators retain litigation experts. Experts help to decipher, untangle and inform at the intersection of technical and legal issues. Litigators rely on experts because of their specialized expertise.
This paper sets out an overview of what environmental litigators should consider when counting on environmental experts in litigation. We examine what environmental litigators need to know about finding and retaining experts, the production of expert generated documents, and the requirements under Ontario’s Rules of Civil Procedure and the Law Society of Upper Canada’s Rules of Professional Conduct. We examine what opinions Canadian courts offer about the expected relationship between counsel and an expert, and alternative approaches to tendering expert evidence. Finally, we review the law about the admissibility of expert evidence including how to establish and maintain an expert’s credibility before and at trial.
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