Experts Only

Authors: Sarah V. Powell and James Bunting

When you follow a guide off piste you are letting your guide take your life in their hands. Before doing so you will no doubt vet the qualifications of your guide to ensure that they have the necessary experience and skill to lead you safely down the mountain. In this article published in Environmental Education for Court Practitioners, the experience of the authors is, unfortunately, that many of our environmental and energy administrative tribunals do not apply the same rigour before admitting “expert” testimony into evidence before them. These administrative tribunals often follow what the Ontario Court of Appeal dubbed the “let it all in approach” when receiving expert testimony. This approach has become so common that the authors noted during discussions with other counsel that some lawyers simply chose not to bother challenging the qualifications of an expert in administrative hearings.

Download this article.

Key Contacts


COVID-19 and the Courts: What You Need to Know

Apr. 04, 2020 - Across the globe, courts are rapidly adapting their practices and procedures in response to the COVID-19 pandemic. In a number of jurisdictions, hearings have been adjourned; procedures and timelines for filings have been amended; and limitation periods have been suspended. We have summarized...