Representing victims of medical malpractice across Ontario

OTLA Litigator Article by Paul Cahill on Experts at Trial

OTLA - From Start to Finish: How to Ensure Your Expert is Permitted to Testify at Trial

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.

Picture of Paul Cahill

Paul Cahill

Paul is a partner at Davidson Cahill Morrison LLP. He has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the death of a 34 year-old mother of 4 young children.

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