Counsel have a role in assisting experts to provide a report that satisfies the criteria of admissibility. As was stated almost 25 years ago by Mr. Justice McColl in Surrey Credit Union v. Willson (1990), 1990 CanLII 1983 (BC SC), 45 B.C.L.R. (2d) 310 (S.C.): … There can be no criticism of counsel assisting an expert witness in the preparation of giving evidence. Where the assistance goes to form as opposed to the substance of the opinion itself no objection can be raised. It would be quite unusual in a case of this complexity if counsel did not spend some time in the preparation of witnesses before they were called to give evidence. It is no less objectionable to engage in the same process where the witness to be called is an expert. Indeed had the process been followed here much of the objectionable material might have been avoided. In my view where it is intended that an expert be called for the purposes of expressing an opinion the limits of that opinion should be explained to the witness so that there is a full understanding of the role that witness is about to embark upon in the proceedings.
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