CHAPTER 3

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EVIDENCE

3.7 Weight or Probative Value

3.7.2 The Weight To Be Given to Testimony

3.7.2.2 Expert Witnesses

As a general rule, expert witnesses have some specialized knowledge and their purpose is to provide the court or tribunal with impartial assistance on scientific or technical matters. Their uncontradicted testimony cannot be disregarded arbitrarily, and courts generally accept it. Some courts or tribunals may have the power to order that a fact be investigated, verified and determined by an expert whom it designates. Boards of referees do not have that power. Nevertheless, authors write that an administrative tribunal could, in appropriate circumstances, suggest an expert investigation.^{553 Citation}

Experts testify to facts they have observed, but the opinions they express can carry considerable weight. They must remain within the bounds of their mandate. The ordinary rules of admissibility and relevance apply to them. Courts or tribunals assess the probative value of their testimony or report and are in no way bound by the report. The general criteria for assessing ordinary relevance apply to expert evidence. The court or tribunal will consider the nature and purpose of the expert testimony, the qualifications and impartiality of the expert, the scope and seriousness of its research, and the relationship between the opinions he or she proposes and the evidence.

Experts rarely testify before boards of referees, but their reports may be tendered in evidence. If the authenticity of an expert report is not question, it will be admitted subject to weight. Medical certificates are treated as expert reports;^{554 Citation} they are often required to establish the claimant's state of health.^{555 Citation}

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