Expert Witness Report:

Question: What should an Ontario paralegal help me include when preparing an expert witness report for court to improve admissibility?

Answer: KLP Paralegal Services can help you prepare an expert witness report that is more likely to meet the court’s admissibility expectations by aligning the report to the Mohan test for relevance, necessity, absence of exclusion, and a properly qualified expert, then clearly presenting opinions with supporting evidence, appendices, and citations in a reader-friendly, professional format that avoids bias or improper speculation.  To support preparation in Ontario litigation, ask for guidance on scope with the lawyer or paralegal, an organized structure (cover page, index, CV, definitions, and concise conclusions), proper referencing (including images and study results as schedules), and careful wording (avoiding absolutes and credibility attacks).  If you need help getting the document ready for filing and possible use at trial, call (416) 570-6378 for a consultation with KLP Paralegal Services.

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

Various best practice habits when preparing expert reports can help ensure a well-crafted document that is both effective and efficient for use within the courtroom. Indeed, a quality expert report can be the difference in making or breaking a case; and accordingly, the choice of expert, the style of report, and the manner used when expressing expert opinion, require careful review.

The Law

Admissibility

For a court to admit an expert report as evidence the expert report must meet the criteria of admissibility.  The criteria was summarized within the case of 2599475 Ontario Inc. v 2549445 Ontario Inc., 2023 ONSC 3508, where it was said:

Quality Expert Reports

Communicate Clearly and Effectively

Before the work of preparing a report begins, the expert should obtain a clear and concise understanding of the scope of detail required within the report by communicating directly with the lawyer or paralegal who is seeking the report from the expert; whereas, depending on the nature of the litigation, the required statements within the report may vary between just a general summary expert viewpoint or a highly detailed expert opinion. Failing to conduct this review may result in the expert wasting the effort of preparing an excessively detailed report or useless preparing an insufficient report; and whereas both possibilities may result in a waste of time, such is also a waste of money.

It is also necessary that the supporting evidence documents reviewed by the expert are adequately included and properly referenced.  The expert opinion contained within a report should, and perhaps must, refer to supporting evidence documents such as pictures or testing results, among other things, attached as appendices or schedules.  Additionally, a bibliography to summarize any authoritative documents used for research should be included.

The report should read clearly with ease and appear professional and proofed for proper spelling, grammar, and punctuation.  The expert should write in a style directed towards the intended audience, balancing need that the report be understood by an average layperson without belittling highly intelligent judges and lawyers or other experts.  Reports should omit or limit industry specific jargon and abbreviations; but, if such is necessary, include definitions 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.