If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert?
Ontario, Canada
The following excerpt is from Worrall v. Walter, 2009 CanLII 597 (ON SC):
I am also guided by these comments of Sproat J. in the unreported decision of McNorton v. Schuett, supra: … if this case proceeds in front of a jury, then people on the jury would logically wonder why it was only the defence experts who were subjected to video scrutiny. The members of the jury would also be put in the less than desirable position of having to assess the experts on one side of the case, based on their notes and recollection of a meeting and the experts on the other side of the case based on video review. … I think that the fairness and effectiveness of trial would be compromised by having only one side’s experts videotaped…
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