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New Family Law Rules on Expert Evidence

Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

New Family Law Rules on Expert Evidence

As recently as last week a new set of family law rules relating to evidence have come into force, namely the use of expert reports in cases. More often than not in cases, the evidence is submitted to the court from an individual claiming to be an “expert” when in reality these reports are more casual.

The Courts of Justice Act now requires that claims under the Divorce Act or Children’s Law Reform be accompanied by joint litigation experts that may be subject to a preliminary review. The rules also list the following requirements for expert reports:

1) Expert’s name;

2) Their area of expertise;

3) The expert’s education and employment history;

4) The nature of the opinion being sought and its relevance to the case at hand;

5) The instructions they were provided; and

6)The expert’s reasoning for their conclusions

The rules, in turn, are said to provide a much less biased use of experts because parties may not always be permitted to retain another expert of their own if they are displeased with the current one’s opinion. From a monetary perspective, bringing in expert witnesses can be expensive and it may be wise for the parties and counsel to settle the matter themselves. Yet, some cases can be settled much sooner with their participation, thus making their inclusion relevant on a case-by-case basis.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.