Employee of partisan intervenor lacks requisite independence to give expert opinion evidence.
In an ongoing human rights hearing regarding alleged discrimination during a mental health apprehension and subsequent hospital treatment, the respondents objected to the intervenor calling its own employee to give expert opinion evidence.
The Tribunal held that the proposed witness lacked the requisite independence to give expert opinion evidence because he was employed by a partisan intervenor supporting the applicant.
However, the Tribunal allowed the witness to give factual evidence regarding best practices.
The Tribunal also admitted late-produced medical records into evidence, subject to the authors being produced for cross-examination and the applicant producing the underlying clinical notes.
Marshall v. Durham Regional Police Service, 2011 HRTO 1246
