Recent Amendments to the Federal Court Rules Regarding Expert Evidence

Résumé :

In August 2010, amendments were introduced to the Federal Courts Rules that deal with the treatment of expert witnesses, both in the delivery of evidence at trial and participation in the pre-trial aspect of litigation. These amendments permit the Court to order expert witnesses to give their evidence concurrently, as a panel, and also give scope for the Court to order a pre-trial conference of expert witnesses. This article reviews the academic commentary calling for changes to the way that expert evidence is delivered at trial and gives a critical analysis of the strengths and weaknesses of the amendments from the point of view of an advocate within the traditional, adversarial model of litigation. Although there are many potential benefits to the implementation of these amendments, as contemplated by the Rules Committee of the Federal Court of Appeal and of the Federal Court, there is a correlative risk of unanticipated consequences for the participating litigants.