Expert Evidence in Class Actions Litigation: A Proposed Framework for a Reliability Analysis

AuthorRoslyn Mounsey
Pages69-96
69
EXPERT EVIDENCE IN
CLASS ACTIONS LITIGATION:
A PROPOSED FR A MEWORK FOR
A RELIABILITY ANALYSIS
Roslyn Mounsey
Abstract: Reliable expert evidence is critical to t he adjudica-
tive process. The Ontar io Civil Justice Reform Project chaired
by The Honourable Mr. Coulter Osborne, and the Inquiry into
Pediatric Forensic Pathology in Ontario led by Commission-
er Goudge1 each underscore the important role that exper t
evidence plays in judicial decision making. Reliable expert
evidence is critical in class actions litigation where evidence
concernin g epidemiological, toxicologic al, and statist ical evi-
dence is often adduced to prove claims for hundreds, and in
some instances, thousands, of class members. In such c ases,
Canadian cour ts are regularly faced with complex expert
evidence relating to aggregated claims. Accordingly, sound
decision making in class action litigation depends upon evi-
dentiary reliability.
1 Civil Justice Reform Project, Summ ary of Findings and Recommen-
dations (Toronto: Ministr y of the Attorney General, 2007) at
68–70; The Honourable Stephen T Goudge, Inqu iry into Pediatric
Forensic Pathology in Ontario (Toronto: Ontario Mini stry of the
Attorney Genera l, 2008) ch 18 at 470 [Goudge Report].

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