‘Don’t trust the experts’: The use of prior adverse credibility findings to cross-examine an expert witness
Overview
Melanie Zetusian, an associate in our Litigation & Dispute Resolution Group, recently co-authored an article for The Advocates’ Journal, Vol. 44, No. 1 (Summer 2025) on the use of prior adverse credibility findings to cross-examine an expert witness.
This article begins with an overview of the framework for the admissibility of expert evidence. It then explores the use of prior adverse credibility findings to attack an expert’s credibility, with particular emphasis on the “rule” in R v Ghorvei prohibiting cross-examination on prior adverse credibility findings. The authors then dive into an analysis of the Court of Appeal for Ontario’s decision in R v Hason, where the court endorsed a more reasoned and pragmatic approach to cross-examining expert witnesses on prior credibility assessments. We conclude with an analysis of the impact of Hason on the practice of civil litigation.
People
-
Melanie maintains a general litigation practice, representing clients in all manner of commercial and civil disputes. View bio
