Financial Expert Witnesses in Business Litigation


Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts.

The expert's evidence could make or break the case. So it's important to engage counsel who knows the rules and an expert whose opinion will be accepted by the court.

In this interesting presentation, Igor Ellyn, QC, CS, FCIArb, a senior business litigation and arbitration counsel in Toronto, Canada, discusses the law affecting the use of financial experts and best practices to make their evidence most effective. Mr. Ellyn was assisted by Evelyn Perez Youssoufian, also, a business litigation and arbitration lawyer. Both are members of Ellyn Law LLP.

The following topics are discussed:

- What an expert witness should accomplish

- Determining when to use a financial expert

- What kind of financial expert do you need?

- Types of financial expert witnesses

- Factors to consider when hiring the expert

- New developments in presentation of expert evidence

- Conflicts of interest and disclosure

- Litigation privilege relating to expert reports

- Best practices for qualifying a financial expert

- Limits of admissibility of expert evidence

- Preparing the financial expert to testify at the hearing

- Preparing for cross-examination of the opposing expert

- The Court’s power to appoint an expert

- Counsel’s role in the content of the expert’s report

This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the author if you have any questions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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