CLE Online

Introduction to the Course

Karen E. Jamieson — Murray Jamieson, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria

Case Law Update

Karen E. Jamieson — Murray Jamieson, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria

Working with an Expert

• choosing your expert
• retaining the expert
• communications with your expert: reports and draft reports
• ethical issues and the duty of the expert

Leslie J. Mackoff — Mackoff & Company, Vancouver

Networking Break

The Top Ten Expert Evidence Practice Dos and Don’ts

Catherine L. Woods, QC — Alexander Holburn Beaudin + Lang LLP, Vancouver

Rule 11: Expert Evidence

• case planning
• timing of expert reports—original and reply reports
• disclosure obligations
• notice of objections to admissibility
• non-oral direct expert evidence

Wendy A. Baker, QC — Miller Thomson LLP, Vancouver

Networking Lunch

Expert Evidence Case Study: The Seatbelt Defence

The plaintiff was catastrophically injured in a single-vehicle crash. She was a passenger in the rear seat of the vehicle when the driver lost control. The vehicle left the road and rolled. The plaintiff, who was not wearing a seatbelt at the time of the crash, was ejected. She suffered a severe traumatic brain injury and serious orthopaedic injuries in the crash.  Counsel for the defendant driver has retained experts in support of the plea that the plaintiff was negligent in failing to wear her seatbelt. The seatbelt defence requires the marshaling of biomechanical evidence that links the physics of the accident with the injuries sustained by the plaintiff and goes on to make predictions about the impact of the apparent failure to use a seatbelt. In this case, one of the experts is Dr. Peter Cripton, a biomechanical engineer, who has provided an opinion that the plaintiff would not have been as severely injured had she been wearing her seatbelt.

In this case study you will learn about the strategic issues and the practical tactics involved with challenging an expert opinion through effective cross-examination. The demonstration and debrief will offer the combined perspectives of the lawyer, the expert witness, and the Bench for a truly unique learning opportunity.  

Introduction to the Fact Pattern and the Theory of the Case

Graham J. Underwood — Ministry of Justice, Victoria

Cross-Examination of the Seatbelt Defence Expert—Demonstration

The Honourable Mr. Justice Patrice Abrioux — Supreme Court of BC, Vancouver
Peter A. Cripton, PhD, PEng — Synaptic Analysis Consulting Group, Vancouver
Dennis C. Quinlan — Quinlan Abrioux, Vancouver  

Networking Break

Debrief of Cross-Examination

Moderator: Graham J. Underwood — Ministry of Justice, Victoria
The Honourable Mr. Justice Patrice Abrioux — Supreme Court of BC, Vancouver
Peter A. Cripton, PhD, PEng — Synaptic Analysis Consulting Group, Vancouver
Dennis C. Quinlan — Quinlan Abrioux, Vancouver

Expert Evidence Practice Panel

Moderator: Karen E. Jamieson — Murray Jamieson, Vancouver
The Honourable Mr. Justice Patrice Abrioux — Supreme Court of BC, Vancouver
Dennis C. Quinlan — Quinlan Abrioux, Vancouver
James D. Vilvang, QC — Richards Buell Sutton LLP, Vancouver

Closing Remarks

Karen E. Jamieson — Murray Jamieson, Vancouver
Graham J. Underwood — Ministry of Justice, Victoria