Expert Evidence for a CRT Hearing

The CRT can direct a party to obtain expert evidence or direct that all parties work together

Regarding expert evidence, CRT Rules 113 to 118 apply. The CRT can direct a party to obtain expert evidence or direct that all parties work together to obtain a joint expert. The CRT can also decide who pays for the expert opinion evidence.

A party relying on an expert opinion must produce the expert opinion to the opposing party by the timeline set out in the Tribunal Decision Plan. The disclosure must also include “the expert’s invoice and any correspondence with that expert relating to the requested opinion.”

The case manager may direct the type and quantity of expert opinion evidence before the hearing by:

  1. Limiting the number of experts, a party may call; or
  2. Limiting the giving of expert evidence in respect of one or more issues in a claim to an expert appointed by the CRT.

In other words, unlike the Court system, the CRT has been given power to control the opinion evidence that can be led at the hearing. In other words, the power to decide his/her case has been taken form the parties.

The CRT also has power to grant an independent medical assessment (“IME”). If requested by a party or on its own motion, the CRT may appoint an expert to conduct an IME and provide a report covering diagnosis, condition at the time of the IME and prognosis.

Other than an IME report resulting from the above appointment, a party may introduce expert evidence from one other expert.

The CRT may allow a party to introduce evidence “from up to 2 additional experts if the tribunal considers that the introduction of additional evidence is reasonably necessary and proportionate to the accident claim”. In other words, the claimant is limited to only one expert but can seek leave of the CRT to have up to two more experts if the need arises.