Expert Witness Report:

Question: How do I prepare an expert witness report document for Ontario court so it meets admissibility and formatting requirements?

Answer: To prepare an expert witness report for Ontario litigation, ensure the report is relevant, necessary to assist the trier of fact, not excluded by an opinion rule, and authored by a properly qualified paralegal expert witness, then balance Mohan/White Burgess factors with clear, evidence-grounded opinions rather than advocacy (see R. v. Mohan, 1994 CanLII 80 (SCC), 1994 SCC 80 and White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23, [2015] 2 S.C.R. 182).   For court-ready quality, have the expert confirm the scope with the requesting lawyer or paralegal, include reviewed source documents as appendices, add a bibliography, keep wording and layout organized (cover page, index, page references, definitions, double-spaced 12-point font, consistent headings), maintain impartiality, and avoid absolute statements, excessive jargon, or critical commentary about other experts.   Mole Legal Services supports Ontario clients needing paralegal and property management document prep that can streamline expert-report workflows and reduce avoidable rework; call (647) 709-5157 to get started.

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

Quality expert reports can make or break a civil litigation case; and accordingly, errors or omissions within an expert report, or in the manner of selecting an expert or in the manner of introducing an expert may preclude the expert report from evidence and preclude the opinion of the expert from testimony, thus placing the legal case in jeopardy.

Note: Please contact Mole Legal Services by phone at: (647) 709-5157 to discuss any specific questions that you may have.

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

Prior to drafting a report, the expert should review the required scope of the report with the representative, being the lawyer or paralegal, who seeks the report.  Depending on the nature of the court case, the report may require broad details or may require a narrow focus.  In some circumstances, a brief report is adequate; and in other circumstances a more lengthy report is necessary.  Forgoing this review can result in the waste of preparing an insufficient report or the waste of preparing an excessive report.  Either is a waste of time and therefore money.

A proper expert report includes, and properly references, the evidence documents that support the expert opinions and conclusions. 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. A bibliography referencing any authoritative documents or studies that are used to support opinions and conclusions should also be included.

An expert report should express opinions clearly and concisely while being easy to read in an organized and professional layout with spelling, grammar, and punctuation, carefully reviewed for correctness.  The expert report should be written with a vernacular and tone that is consistent with the language of the intended audience whereas, for example, differences may be required for legal cases heard by a judge versus legal cases heard by a jury; and accordingly, language should remain within the understanding of the average layperson while avoiding belittlement of judges, lawyers, and other experts.  Reports should be careful to limit the use of industry specific jargon or abbreviations known only to those with expertise within the relevant field; and, where industry jargon or abbreviations are necessary, a reference table or key to provide definitions should be provided 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

A biased or slanted expert report can be disastrous – and should be!  The expert is expected to provide opinion as a friend of the court for the primary purpose of assisting the court in the truth finding effort.  The expert, while having an opinion that may favour one litigant over another, must base the opinion on authentic reasons rather than as friend 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.