Expert Witness Report:

Question: How can a paralegal or lawyer get an expert witness report ready for Ontario court so it meets admissibility requirements?

Answer: You can prepare and file an Ontario court-ready expert witness report by following the admissibility framework from R. v. Mohan, 1994 CanLII 80 (SCC), 1994 SCC 80, then ensuring the report also addresses the two-step approach described in White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23. That means the report stays relevant, is necessary to assist the trier of fact, avoids exclusionary problems, and is written by a properly qualified expert, with clear structure (letterhead, cover page, index, CV, introduction, definitions, concise short sections, upfront conclusions) and tight support (appendices, schedules, and a bibliography that links every key opinion to the reviewed documents). It must be impartial, evidence-grounded, and avoid absolute statements or credibility attacks, while still being proofed and accessible to lay readers. Civil Litigations Paralegal Services, a paralegal-driven Ontario civil litigation support firm, can coordinate scope and document references so the final report is ready for court use, call (416) 229-1479 to get started.

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Understanding the Requirements When Preparing an Expert Witness Report Document for Court Litigation Purposes

Quality expert reports can make or break a civil litigation case; and accordingly, errors or omissions within an expert report, or in the manner of selecting an expert or in the manner of introducing an expert may preclude the expert report from evidence and preclude the opinion of the expert from testimony, thus placing the legal case in jeopardy.

Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.

The Law

Admissibility

When reviewing whether to admit an expert report as evidence, a court will seek to ensure that the report meets the required admissibility criteria.  Expert evidence admissibility criteria summarized within 2599475 Ontario Inc. v 2549445 Ontario Inc., 2023 ONSC 3508, whereas it was stated:

Quality Expert Reports

Communicate Clearly and Effectively

Prior to drafting a report, the expert should review the required scope of the report with the representative, being the lawyer or paralegal, who seeks the report.  Depending on the nature of the court case, the report may require broad details or may require a narrow focus.  In some circumstances, a brief report is adequate; and in other circumstances a more lengthy report is necessary.  Forgoing this review can result in the waste of preparing an insufficient report or the waste of preparing an excessive report.  Either is a waste of time and therefore money.

It is also necessary that the supporting evidence documents reviewed by the expert are adequately included and properly referenced. The evidence documents can, and should, include pictures, study data, testing results, among other details, all provided as attached appendices or schedules. Additionally, a bibliography to summarize any authoritative documents used for research should be included.

An expert report should express opinions clearly and concisely while being easy to read in an organized and professional layout with spelling, grammar, and punctuation, carefully reviewed for correctness.  The expert report should be written with a vernacular and tone that is consistent with the language of the intended audience whereas, for example, differences may be required for legal cases heard by a judge versus legal cases heard by a jury; and accordingly, language should remain within the understanding of the average layperson while avoiding belittlement of judges, lawyers, and other experts.  Reports should be careful to limit the use of industry specific jargon or abbreviations known only to those with expertise within the relevant field; and, where industry jargon or abbreviations are necessary, a reference table or key to provide definitions should be provided within the report.

More Hints

• Use professional letterhead;
• Use a cover page as well as an index or table of contents;
• Use a curriculum vitae or resume to summarize the qualifications and credentials that confirm that the expert is genuinely an expert;
• Use an introduction page to outline when, and from whom, the report was requested;
• Use 12-point font and double spacing;
• Use headings;
• Use short, concise paragraphs;
• Use a unique reference number for each page, table, chart, and appendix;
• Use a definitions page or section to define technical language and industry specific jargon or abbreviations; and
• Use an upfront summary page to outline final conclusions or opinions.

Things to Avoid

An expert report must be impartial and objective.  The role of an expert is to provide an unbiased opinion to the court for the purpose of aiding in the truth-seeking mission of the court.  The expert must therefore ensure that the expressed opinion is grounded in facts and evidence rather than prepared with a favouring of a litigant.

• Avoid absolute wording and phrasing;
• Avoid words that appear as hedging or guessing;
• Avoid critical commentary regarding credibility of other experts;
• Avoid a scientific and clinical tone by keeping the tone friendly and personable;
• Avoid going into details beyond the purpose of the report;
• Avoid unnecessary adjectives or superlatives.

Summary Comment

The expert preparing an opinion report must remain attentive to the balance required when obtaining input from a legal representative whereas the lawyer or paralegal seeking the report will best understand the factual concerns and legal issues that relate to why the report is needed and can explain the desired scope; however, the findings and opinions as stated within the report must always remain the genuine unslanted view of the expert as author of the report.