Expert evidence is critical to the outcome of a personal injury case. As the reliance on expert witnesses in litigation increases, new and enhanced techniques are required to communicate complex issues to the trier of fact. Because expert testimony is often difficult to convey to a jury, demonstrative evidence is helpful to explain, illustrate or summarize the evidence of an expert to make it understandable and effective.
Since “seeing is believing” and demonstrative evidence appeals directly to the senses of the trier of fact, this kind of evidence is a persuasive tool to simplify the technical and legal issues and improve both juror comprehension and retention. Before allowing demonstrative evidence of an expert into evidence, the court must be satisfied that the opinion evidence of the expert is admissible. One of the goals of the amendments to Rule 53.03 of the Rules of Civil Procedure is to promote expert evidence that is fair, objective, and non-partisan.1 The new Rule 53.03 bears upon the admission of demonstrative evidence used by experts. Demonstrative evidence is inextricably linked to the testimony of the expert witness who authenticates the evidence and establishes its relevancy, accuracy, fairness and probative value.
1Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 4.1.01, r. 53.03 as amended by O. Reg. 438/08, s. 8. [“Rules”].
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