I serve in the capacity of an Expert Witness in respect to real estate matters. The vast majority involve claims against real estate agents (registrants under the Real Estate and Business Brokers Act), the sales representatives, brokers and brokerages.
It is important to appreciate that the Expert Witness role requires an independent, impartial practitioner to provide evidence which will assist the Trial Judge in the determination of the case.
The role is not to serve as an advocate for either of the parties. That is the role of legal counsel.
I have been recognized as an Expert initially in respect to the role of a lawyer practicing in the real estate field in the late 1970’s, and subsequently in the role of a lawyer practicing in the civil litigation field in respect to medical malpractice claims in the 1980’s.
For real estate negligence claims, I have acted since 2007 in the role of an Expert and testified in the Superior Court of Justice in Ontario on numerous occasions. In addition, I have provided opinions concerning matters in other common law provincial jurisdictions. These matters are still before the Courts.
I find that I am either contacted by litigants directly or later through their lawyers in the course of the lawsuit. If I am contacted early, then I would be pleased to assist in the recommendation of a lawyer practicing in the field of civil litigation.
I would suggest the early retention of an Expert. That might be of assistance in respect to framing the action, identifying other potential defendants and locating the appropriate evidence.
Naturally, many litigants are tardy, and do not retain an Expert until the very last moment. Of course, at this point, changes to the nature of the lawsuit itself are often too late, or too expensive.
I would always recommend that an Expert be retained early.