Expert Witness and Dispute Resolution Flashcards

What is the primary duty of an engineer acting as an expert witness in a legal proceeding?

Answer: To provide independent, objective opinion to the court

An expert witness's primary duty is to the court, not to the retaining party, requiring independent and objective opinion.

In Canadian litigation, what distinguishes an expert witness from a fact witness?

Answer: Expert witnesses may offer opinions on matters within their expertise; fact witnesses may only testify to what they personally observed

Unlike fact witnesses who are limited to personal observations, expert witnesses are permitted to offer professional opinions within their area of expertise.

Which form of alternative dispute resolution (ADR) results in a binding decision imposed by a neutral third party?

Answer: Arbitration

Arbitration produces a binding award by an arbitrator, unlike mediation or conciliation which rely on party agreement.

An engineer expert witness discovers during trial preparation that new evidence weakens the position of the retaining lawyer's client. What should the engineer do?

Answer: Disclose the new evidence and revise the opinion accordingly

An expert witness must maintain integrity and disclose all relevant findings, even those unfavorable to the retaining party.

What is the main advantage of mediation over litigation for resolving engineering disputes?

Answer: Mediation allows parties to maintain control over the outcome and preserve relationships

Mediation is a facilitated negotiation where parties control the resolution, which can preserve professional relationships and avoid adversarial outcomes.

Under the Arbitration Act, what is typically required for an arbitration agreement to be enforceable?

Answer: It must be in writing and signed by all parties

Arbitration agreements must generally be in writing and signed by all parties to be enforceable under Canadian arbitration legislation.

What is a 'hot tub' (concurrent evidence) procedure sometimes used in engineering disputes?

Answer: A process where multiple expert witnesses are questioned simultaneously before the decision-maker

Concurrent evidence (hot tubbing) has experts from both sides testify together, allowing direct comparison of opinions and facilitating a more efficient examination of technical issues.