The concept of common experts or jointly-instructed experts is slowly finding its way into the rules of civil procedure adopted by provincial jurisdictions in Canada. At present, only B.C. and Quebec have adopted rules whereby judges may order that expert evidence be given by one single expert in the absence of the consent of the parties.
In 1995, a UK report specifically identified valuation cases as being ideal candidates for common experts. This is not to say that this type of engagement does not present challenges for CBVs.
In the course of our presentation, we will examine the experience thus far in Canada with joint expert evidence to determine what lessons may be drawn from same. We will try to identify the do’s and don’ts and how best practices may be developed by professionals to respond to challenges.
It is expected that joint engagements will become common practice in the future. This will inevitably have an impact on the work of CBVs: Be prepared.
Martin Fafard, Partner - Mareval S.E.N.C.R.L., Montréal
Hélène Lefebvre Senior Partner -Norton Rose Fulbright Canada S.E.N.C.R.L./ LLP, Montréal