Lawyers can and should review draft expert reports in family cases
Does your BC family law lawyer understand how to deal with family law experts doing child and spousal support guideline income calculations? Do they know how to effectively deal with real property, company and other business valuators and other BC family law experts? Do they know how to communicate with a section 211 parenting capacity and child custody report preparer? Do they know what documents to get from these experts to challenge their reports or provide key input to ensure the expert is focused on the right issues and is using proper methodology to create an accurate and correct report? If they don’t you can be in big trouble on coming to a fair settlement. If the case goes to trial, the court may not obtain the help it needs to decide a complex issue. BC family law experts can be of great assistance if properly instructed but the area is complex and filled with pitfalls for the unwary.
A huge decision from the Ontario Court of Appeal was handed down in Moore V Getahun early this year.
The Ontario Court of Appeal has now confirmed that family and other types of lawyers must work with experts, to focus and clearly express their opinion testimony.
A lawyer cannot improperly influence an expert to come to a conclusion the lawyer hopes for but a lawyer is not barred from speaking to an expert before the report is completed. However, a lawyer can point out errors and challenge conclusions they feel are misguided.
Our experienced BC family law lawyers make sure a joint expert receives only information copied simultaneously to both sides. In cases of custody and access reports and business valuation reports any documents provided directly by the parties to the experts MUST be copied to both side simultaneously so each side has a chance to review and if necessary rebut information given to the expert whether documentary or oral.
Justice Sharpe, writing for the Court of Appeal, wrote that “banning undocumented discussions between counsel and expert witnesses or mandating disclosure of all written communications is unsupported and contrary to existing authority” (para. 55):
[62] I agree with the submissions of the appellant and the interveners that it would be bad policy to disturb the well-established practice of counsel meeting with expert witnesses to review draft reports. Just as lawyers and judges need the input of experts, so too do expert witnesses need the assistance of lawyers in framing their reports in a way that is comprehensible and responsive to the pertinent legal issues in a case.
Make sure you hire a lawyer who knows how to deal effectively with experts so the right evidence on valuation and the best interests of your child is available for settlement or to ensure a just result at trial. We will ensure we find you the right BC family law experts for your case whether it involve child or spousal support, property valuation and division or child parenting issues. Call Lorne MacLean, QC to ensure you get on the right track early at 604-602-9000.
