Request to qualify proposed expert witness denied due to lack of independence and impartiality.
The applicant requested that a clinical social worker be qualified as an expert witness in quantitative and qualitative data analysis to provide an opinion on data disclosed by the respondents.
The respondents objected, arguing the proposed witness lacked the necessary scientific research background and impartiality.
The Tribunal denied the request, finding that the proposed witness had previously acted as an advocate for the applicant, had an ongoing relationship with the applicant's family, and lacked the independence and impartiality required of an expert witness.
Tsehai v. Durham District School Board, 2015 HRTO 969