Fonting Fraud Reveals Sham Trust

High-stakes litigation often involves the use of experts, who are expected under the Rules of Civil Procedure to provide fair, objective and non-partisan evidence to assist the court to determine issues under dispute. These experts are required to limit their evidence to matters within their expertise, and it’s not uncommon to see experts in a wide range of technological, medial, and other areas. Typically, the opinion evidence provided by an expert evidence must comply with certain requirements under rule 53.03, such as their area of expertise, qualifications and employment, and a review of the basis for which the opinion is provided, including factual assumptions made, any research conducted, and every document reviewed in the process. The Ontario Court of Appeal clarified in the 2015 case of Westerhof v. Gee Estate that there are some circumstances where “fact witnesses” can also play a role in litigation without complying with these…

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