What is the standard of conduct of an expert in a personal injury case?
British Columbia, Canada
The following excerpt is from Brough v. Richmond, 2003 BCSC 512 (CanLII):
Newbury J. (as she then was) in Yewdale v. Insurance Corp. of British Columbia (1995), 3 B.C.L.R. (3d) 240 (S.C.), at p. 243 comments: Given the special privilege accorded to experts to testify as to their opinions, they must not become advocates. They must express their opinions as opinions and must leave for the court the required conclusions of law. In theory at least, the court “knows the law” – in practice it has the responsibility of finding and applying it. Thus the expert should express his or her opinion in an objective and impartial manner, and must not present argument in the guise of expert evidence.
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