Expert Witnesses

by Lorian Kennedy
Autumn 1997 Expert Witness (2.3)
Lorian Kennedy, in the first part of a two-part series, outlines why an occupational therapist’s education and competencies lend themselves especially well to skills assessment in personal injury cases. In particular, demand for the services of occupational therapists has grown in relation to determination of suitable compensation for the loss of an individual’s capacity to perform household services. Reports by these professionals, in addition, may include assessment of an individual’s functional ability in relation to self-care, leisure, and paid work.

by Lorian Kennedy
Winter 1997 Expert Witness (2.4)
In the second of her two-part series on the role of occupational therapists in personal injury litigation, Lorian Kennedy explains that the occupational therapist is well placed, in terms of both her/his education and expertise, to assess the loss of functional capacity of a plaintiff, after an accident, to undertake household services.

by Christopher Bruce
Spring 1998 Expert Witness (3.1)
In this article Christopher Bruce explores the role of the expert witness. He delineates both the advantages and disadvantages to the legal system when an expert adopts a "constructive" rather than a "passive" approach. While recognising the pitfalls with either approach, he points out the potential benefits that may accrue when the specialist is allowed to bring his/her expertise to bear, shedding light upon the complexities of personal injury litigation.

by David Strauss, PhD, FASA and Robert Shavelle, PhD
Summer 1998 Expert Witness (3.2)
In this article David Strauss and Robert Shavelle argue that physicians are usually not experts on life expectancy. They note, however, that doctors’ opinions regarding life expectancy have been relied on by the courts. They identify the different roles of physicians and actuaries in life expectancy determination.

by Thomas R. Ireland
Autumn 1998 Expert Witness (3.3)
In this article, Dr. Thomas Ireland explains, in letter format, the dangers of relying on preliminary estimates. Dr. Ireland is a well-known economist and is involved in the assessment of personal injury damages.

by Christopher Bruce
Spring 1999 Expert Witness (4.1)
In this article Christopher Bruce offers a response to a proposed set of guidelines concerning the presentation of expert evidence at trial. The proposed guidelines were drafted by the Civil Practice & Procedure Committee of the Court of Queen’s Bench.

by Steve Babitsky and James Mangraviti, Jr.
Summer 1999 Expert Witness (4.2)
This article was written by Steve Babitsky and James Mangraviti, Jr. of SEAK Inc., a consulting firm in Massachusetts. Their article contains some excellent advice for experts who are testifying in court.

by Christopher Bruce
Summer 1999 Expert Witness (4.2)
In this article Christopher Bruce examines the difference between experts and lay witnesses. He summarizes some of the leading decisions concerning "The Role of Expert Evidence" from both the Canadian and American courts.

by Christopher Bruce
Spring 2001 Expert Witness (6.1)
In this article Christopher Bruce summarises some recent research that suggests that doctors systematically err when estimating the standards of “ordinary, or common, practice.” In particular, this research finds that doctors overestimate the speed with which patients are treated and diagnosed in emergency rooms. Hence, they systematically bias malpractice suits in favour of plaintiffs.

by Christopher Bruce
Winter 2004 Expert Witness (9.4)
In the article Christopher Bruce provides a caution concerning the acceptance of statistical evidence about disability. Dr. Bruce argues that the courts and opposing counsel do not subject certain types of medical opinion to sufficiently strict statistical standards. Specifically, he shows that evidence based on: (i) the expert’s “experience,” (ii) the expert’s interpretation of third party statistics, or (iii) the expert’s understanding of published statistical reports may be unreliable. In this article, he provides examples of how statistical evidence may fail to meet the standards expected by the courts; and he offers suggestions about how counsel might respond to these deficiencies.

Winter 2004 Expert Witness (9.4)
Economica belongs to an organization of forensic economists known as the National Association of Forensic Economists (NAFE). NAFE has recently published a “Statement of Ethical Principles, and Principles of Professional Practice.” As Economica subscribes to the principles outlined in the NAFE Statement, we have reproduced it here.

by Christopher Bruce and Derek Aldridge
Winter 2008 Expert Witness (13.2)
This article is based on Chris Bruce and Derek Aldridge’s experience as panelists at a Legal Education Society of Alberta seminar on examination of expert witnesses. The article offers some recommendations regarding the examination of expert economists.>

The following articles are available on our web site, under the topic “Expert Witnesses”: