Recently, in Webasto c Transport TFI 6 the Court of Appeal had a chance to make comments on the question of expertise. Was joint expertise “the rule” under the new Code of Civil procedure?
According to the Quebec highest Court, the trial judge’s position that the new Code imposed joint expertise as a rule could be an error of law. Particularly, according to the Court, the famous proportionality principle does not necessarily require joint expert evidence. The Court allowed the appeal.
A lawyer should take it into account now, that when it comes to a complicated question where different theories clash and contradictory schools of thought compete, joint expert evidence might not be suitable.
