News & Analysis as of

Canada Expert Testimony

Bennett Jones LLP

National R&D: A Cautionary Tale about Expert Evidence

Bennett Jones LLP on

In its latest SR&ED decision, National R&D Inc v Canada, 2022 FCA 72, the Federal Court of Appeal reminded litigants of the first principles of expert evidence, the rules and requirements that govern it and of the dangers of...more

Smart & Biggar

Seedlings’ LifeCard patent found invalid and not infringed by Pfizer’s EpiPen

Smart & Biggar on

Update: On July 28, 2021, the Federal Court of Appeal dismissed Seedling’s appeal from Justice Grammond’s decision: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC, 2021 FCA 154 (see article here). On January 2,...more

Smart & Biggar

Effectively using experts in IP Litigation – Part 1: Theory

Smart & Biggar on

In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a...more

Bennett Jones LLP

Court Refuses to Certify Canadian Price-Fixing Case

Bennett Jones LLP on

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Confirms Ongoing “Gatekeeper” Function in Respect of Expert Evidence

In its recent decision in Bruff-Murphy v. Gunawardena (Bruff-Murphy), the Court of Appeal for Ontario (Court) set aside a jury award and ordered a new trial on the basis that the trial judge did not correctly apply the...more

Bennett Jones LLP

When Will Expert Evidence Be Excluded?

Bennett Jones LLP on

Experts play an important role in IP litigation, but the court will carefully consider whether the proposed expert evidence is necessary to assist the trial judge and has demonstrated an increasing willingness to determine,...more

Bennett Jones LLP

Supreme Court Clarifies that Expert’s Duty to the Court is a Threshold Requirement for Admissibility

Bennett Jones LLP on

The Supreme Court of Canada issued a decision today which furthers existing law requiring experts in court proceedings to give fair, objective and non-partisan opinion evidence. A number of cases stood for the proposition...more

Bennett Jones LLP

Ontario Court of Appeal says Draft Expert Reports are not Producible

Bennett Jones LLP on

The Court of Appeal for Ontario confirmed today that: - counsel can and should discuss draft expert reports with their expert witnesses, and - draft reports and other communications between counsel and...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide