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Expert witnesses are often critical to the success of a case. For legal professionals, their use triggers unique ethical and professional obligations.

This OsgoodePD online program, will take a deep dive into the potentially contentious ethical dilemmas legal professionals encounter when dealing with expert witnesses. Using recent examples to reinforce successful strategies and techniques, topics include:

  • Retaining an expert – what can (or should) you include in the initial retainer? What questions can/can’t you ask?
  • Drafting the retainer agreement – how to deal with confidentiality and conflicts (during and post termination of retainer)
  • Clarifying the role of the legal professional when reviewing and commenting on draft reports – What can you change? How involved can you be?
  • Post-Getahun when does ‘reasonable suspicion’ exist? When can opposing counsel demand production of draft reports, along with notes of their discussions?
  • What are your obligations when entering an expert report as an exhibit?
  • Ethical advocacy – what are the limits on challenging the witness?
  • How to respond when your expert provides false testimony or incorrect information?
  • Effective communication techniques when dealing with expert witnesses
  • Proven strategies for documenting and taking notes – what should (or should not be) included?
  • Impact of hot tubbing and narrowing issues


  • The Hon. Justice Darla Wilson, Superior Court of Justice (ON)
  • Richard Halpern, Thomson Rogers LLP
  • Yaan Lilles, Lenczner Slaght LLP
  • Paul Pape, Pape Barristers

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.


The video stream will be sent to you via email as soon as payment is successfully processed.


All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.

Program Details

Delivery Method

Web - On Demand

Date Recorded
December 2, 2015
Running Time


Fee per Delegate

$179 plus HST

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Eligible CPD Credit Hours


Who Should Attend

  • Legal professionals from all levels of experience and practice areas
  • In-house counsel
  • Sole practitioners
  • Crown attorneys
  • Government counsel
  • Articling students

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