When will an expert be excluded from a jury trial for partiality and improper advocacy?
British Columbia, Canada
The following excerpt is from More v. Bauer, 2010 BCSC 539 (CanLII):
I do not discount the possibility that an expert may demonstrate partiality or even untruthfulness but the time to consider those questions is at the end of the trial in the context of all of the evidence. Mr. Justice Vickers refused to exclude expert evidence where similar issues were raised respecting partiality and improper advocacy in Tsilhqotin Nation v. Canada (Attorney General), 2005 BCSC 617. I would err, in my view, if I determined the issues that the CSA raises at this point.
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