For ordinary procedure trials in Superior Court, experts typically give live evidence in direct examination. For simplified procedure trials and Small Claims Court, it may be preferable to introduce the evidence in affidavit form. An affidavit is required for simplified procedure trials and optional but preferred for Small Claims Court, where written statements are admissible.
Expert affidavits should address and attached as exhibits the following 3 things:
- A copy of the expert report;
- An acknowledgement of expert’s duty; and
- A copy of the expert’s latest C.V.
Although it is sufficient to attach these items as exhibits, a more persuasive approach in a more detailed affidavit is to have the expert explain the role of an expert, highlight their educational and work backgrounds and share the key conclusions from their report.
Ontario Civil Trial Manual
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