Is there a conflict of interest between a proposed expert and the proposed expert?

British Columbia, Canada


The following excerpt is from West Moberly First Nations v British Columbia, 2018 BCSC 1835 (CanLII):

The salient distinction to be drawn, West Moberly submits, is that between “mere institutional relationships” which will tend to go merely to weight, and situations involving “personal relationships between the proposed expert and the party, where the expert has been personally involved in the subject matter of the litigation or where the expert has a personal interest in the outcome,” any of which may disqualify the expert: Beazley v. Suzuki Motor Corporation, 2010 BCSC 480, at para. 21.

Other Questions


Can recognition of traditional or customary use of land create a legal interest in the land that would defeat or conflict with the provisions of the Band Act? (British Columbia, Canada)
What is the test for balancing the relevant competing interests of privacy and public interest? (British Columbia, Canada)
Can a person whose equitable interest in a property is being challenged give value for their legal interest in the property? (British Columbia, Canada)
What is the position of conflict between a municipality and a conflicting concern? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
Can a counsel of record be removed from the record because of a conflict of interest? (British Columbia, Canada)
What is the disqualifying conflict of interest test for a lawyer in a personal injury case? (British Columbia, Canada)
Is it distinguishable between a forensic expert who is not actively treating the injured party and a non-treating expert? (British Columbia, Canada)
How do conflicts in expert evidence affect the suitability of a summary trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.