Book 4 - Appraisal Institute of Canada

Legal news & viewsUpdates on beingan expert witness (Part I)By Mark R. Frederick, LL.B., Miller Thomson LLP(with assistance by Denis Rivard of Centra Claims Management)“An expert is one who knows more and moreabout less and less.”– Nicholas Murray ButlerAppraisers as expertsBy nature, appraisers are experts on a numberof topics. Every appraisal then is an expertreport. Many appraisers make a decent living onproviding evidence in Canadian courts. Recently,Ontario has changed its Rules of Civil Procedure toprovide for the more complicated and particularrole of experts in litigation matters. Appraisersshould be aware of what the new rules provide,as their testimony will be governed by them.While this article largely pertains to the law ofOntario and experts, it has relevance in the othercommon law provinces of Canada as well as inQuebec, as the law sets out basic standards thatshould be employed by appraisers in their work.Ontario RulesNew Rules pertaining to civil procedure andexperts came into effect in Ontario on January1, 2010.Rule 4 provides:4.1.01 (1) It is the duty of every expertengaged by or on behalf of a party toprovide evidence in relation to a proceedingunder these rules,(a) to provide opinion evidence that is fair,objective and non-partisan;(b) to provide opinion evidence that isrelated only to matters that are within theexpert’s area of expertise; and(c) to provide such additional assistanceas the court may reasonably require todetermine a matter in issue.(2) The duty in subrule (1) prevails over anyobligation owed by the expert to the partyby whom or on whose behalf he or she isengaged.The minimum content of a report is provided byRule 53:53.03(2.1) A report provided for thepurposes of subrule (1) or (2) shall containthe following information:1. The expert’s name, address and area ofexpertise.2. The expert’s qualifications and employmentand educational experiences in his orher area of expertise.3. The instructions provided to the expert inrelation to the proceeding.4. The expert’s opinion respecting each issueand, where there is a range of opinionsgiven, a summary of the range and thereasons for the expert’s own opinion withinthat range.5. The nature of the opinion being sought andeach issue in the proceeding to which theopinion relates.6. The expert’s reasons for his or her opinion,including,1. a description of the factual assumptionson which the opinion is based,30Canadian Property Valuation Volume 54 | book 4 | 2010 Évaluation Immobilière au Canadaclick here to return to table 0f contents