Toronto medical malpractice lawyer Paul Cahill recently contributed an original article published in the Winter 2023/2024 edition of The Litigator entitled: “From Start to Finish: How to Ensure Your Expert is Permitted to Testify at Trial.”
The Litigator magazine serves as the journal of the Ontario Trial Lawyers Association and is the organization’s flagship publication. The history of The Litigator is long and rich, dating back to the summer of 1992 (Issue 1, Volume 1) when it made its fledgling debut as an eight-page pamphlet.
From the perspective of a plaintiff-side personal injury and medical malpractice lawyer, this article covers the many important aspects of finding the right expert for your case and ensuring that they are permitted to testify at trial.
The various types of experts are reviewed including litigation experts, participant experts and nonparty experts.
The qualification stage, which is the threshold admissibility test undertaken by the trial judge, is also canvassed in detail as well as common defence strategies to exclude or restrict expert evidence.
Articles published in The Litigator are exclusive to OTLA members and are one of the many benefits to membership. To read this article, and many more, please follow this link to learn how you can join OTLA today.
On January 9, 2025, Justice H. Williams of the Ontario Superior Court of Justice awarded the successful physicians $957,893 in legal costs (in addition to the already $100,000 ordered for costs thrown away due to a previous adjournment).
The OPSDT found that this family and emergency medicine physician had drugged his patient/employee with the date-rape drug, flunitrazepam (Rohypnol) and Lorazepam, and then drugged himself after the fact to try to avoid being caught.
