NPPE Expert Witness and Dispute Resolution 3

Question 1

What is the difference between 'binding' and 'non-binding' dispute resolution?

Accepted Answer

Binding decisions are enforceable by law without further consent; non-binding decisions require party acceptance to be effective

Answer

Binding decisions are always made by engineers; non-binding by lawyers

Answer

Binding resolution always involves a court; non-binding resolution never does

Answer

Non-binding resolution is less expensive but takes longer

Question 2

Which Canadian legislation governs international commercial arbitration and is modeled on the UNCITRAL Model Law?

Accepted Answer

The Commercial Arbitration Act (federal)

Answer

The Canada Arbitration Act

Answer

The International Commercial Arbitration Act

Answer

The Dispute Resolution Modernization Act

Question 3

What does 'without prejudice' communication mean in the context of dispute resolution negotiations?

Accepted Answer

The communication cannot be used as evidence in subsequent legal proceedings

Answer

The communication is binding on both parties immediately

Answer

The communication waives the sender's right to legal representation

Answer

The communication must be approved by both parties' lawyers before sending

Question 4

When might a court refuse to enforce an arbitration award in Canada?

Accepted Answer

When there was a procedural irregularity that denied a party a fair hearing, or the award violates public policy

Answer

When the losing party disagrees with the technical findings

Answer

When the arbitrator was not a licensed engineer

Answer

When the award exceeds $1 million

Question 5

In a construction dispute, what is a 'dispute review board' (DRB)?

Accepted Answer

A standing panel appointed at the start of a project to visit the site and resolve disputes as they arise

Answer

A government agency that licenses construction arbitrators

Answer

A court-appointed committee that mediates disputes after project completion

Answer

An insurance body that adjudicates warranty claims

Question 6

What ethical obligation does a professional engineer have regarding fees charged for expert witness services?

Accepted Answer

Fees must be fair, transparent, and not contingent on the outcome of the case

Answer

Fees must be based on a percentage of the client's financial recovery

Answer

Fees must be set by the provincial engineering regulator

Answer

Fees must be lower than those charged by lawyers in the same case

Question 7

What is the primary purpose of cross-examination of an expert witness?

Accepted Answer

To test the reliability, basis, and impartiality of the expert's opinion

Answer

To allow the expert to expand on their written report

Answer

To give the opposing party an opportunity to present their own technical evidence

Answer

To allow the judge to ask technical clarification questions