Kleinfeldt Forensic Engineering Assessments often help our clients, mainly lawyers and insurance adjusters, settle their lawsuits out of court. However, if the legal action proceeds to court, we also act as Expert Forensic Witnesses, providing both Expert Reports as well as Expert Witnessing.

The conclusions drawn using the Kleinfeldt Process are presented in Expert Reports. The Forensic Engineering Team at Kleinfeldt is comprised of experts in a broad range of engineering disciplines, with an extensive knowledge of various codes, standards, and best practices.

As of January 1, 2010, Rule 4.1 was introduced to the Rules of Civil Procedure as part of Ontario Regulation 438/08 made under the Courts of Justice Act. It is also now a requirement for an expert to sign Form 53, Acknowledgement of Expert’s Duty, indicating the expert witness understands the current duties of an expert.  Rule 4.1 is shown below:

RULE 4.1 DUTY OF EXPERT

DUTY OF EXPERT

4.1.01  (1)  It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,

(a) to provide opinion evidence that is fair, objective and non-partisan;

(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and

(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue. O. Reg. 438/08, s. 8.

Duty Prevails

(2)  The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged. O. Reg. 438/08, s. 8.

At Kleinfeldt, we are well aware of these rules, and we continue to conduct our assessments in an unbiased, professional manner to provide fair and objective opinions.