Trial lawyers be warned: Increase in judges excluding expert evidence in its entirety

By Karen Vigmond (December 8, 2023, 11:23 AM EST) -- In 2017, the Ontario Court of Appeal confirmed in its decision Bruff-Murphy (Litigation Guardian of) v. Gunawardena, [2017] O.J. No. 3161, the importance of the trial judge exercising their gatekeeper role as it relates to admission of expert evidence. Nevertheless, in the immediate aftermath of that case, not much seemed to change — parties were regularly permitted to call numerous expert witnesses and issues of bias almost always went to weight, not admissibility....