What is the risk of a court appointing its own expert?

Alberta, Canada


The following excerpt is from Engman v. Cook, 2009 ABQB 427 (CanLII):

Veit J's reasoning in Bilinski v. Wagerin supra provides a useful lens through which to assess the risk of the court appointing its own expert. There is a danger that such expert's evidence is likely to carry great weight, to the potential detriment of the assessment of contrary evidence led by the parties. As pointed out by Counsel for Appellant, in this case the parties do not have psychiatric evidence to date and the problem in getting reasonable rebuttal evidence so close to trial is the issue the court‑appointed expert is meant to address. However, this then creates difficulties for the parties to question or rebut the evidence of the court‑appointed expert.

Other Questions


In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
In what circumstances will a court order that a city should appoint a commission to supervise the construction of a new city hall and court house? (Alberta, Canada)
How have courts considered the need for up to 26 expert witnesses at trial? (Alberta, Canada)
What is the difference between a court-appointed or volunteer amicus curiae in a custody case? (Alberta, Canada)
Is there a "battle of the experts" between the experts"? (Alberta, Canada)
Can a court appoint an amicus curiae in a trial? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
What is the difference between a court-appointed or volunteer amicus curiae in custody cases? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.