Maintaining independence from retainer to report writing – Part 2

Posted May 31, 2013

To date, the most common arguments for expert bias arise out of the expert’s relationship with the retaining party and the expert’s failure to consider all of the material facts and/or provide unsubstantiated opinions.

Relationship bias

In Amertek Inc. v. Canadian Commercial Corp, the plaintiff successfully argued that an expert’s relationship with the defendant was enough to establish a lack of independence. In Amertek, the defendant’s expert had been legal counsel for the defendant in 14 U.S. cases. He testified that he saw this party as a valuable client and saw it as a source for future work referrals. Based on these facts, Justice O’Driscoll gave little weight to the defendant’s expert testimony.

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