Dan Reisler was quoted in the Law Times on the use of experts. Below is an excerpt from the article written by Shannon Kari entitled Focus: Use of expert witnesses under scrutiny.
The role of experts in both criminal and civil litigation is continually being refined by the courts, suggests Daniel Reisler, a founding partner at Reisler Franklin LLP in Toronto.
“There is a lot of attention being paid to the use of experts,” he says.
While the fundamental rules about the use of expert evidence are not dramatically different from what the Supreme Court said in 1994 in Mohan, there appears to be a greater tendency for plaintiffs, especially in personal injury litigation, to allege that a defence expert is biased, he says.
The appropriateness of this “needs to be clarified,” says Reisler, who primarily represents defendants in civil proceedings and is a past -president of the Canadian Defence Lawyers organization.
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