In West v. Knowles (Ont CA, 2021) the Court of Appeal made this practice comment on the use of published documents by an expert witness:
[58] The law permits expert witnesses to be cross-examined using a published document, but the document itself does not become evidence unless the expert effectively incorporates it into their evidence by recognizing it as authoritative; in other words, by relying on the document: see R. v. Marquard, 1993 CanLII 37 (SCC), [1993] 4 S.C.R. 223, at pp. 251-52; R. v. Anderson (1914), 1914 CanLII 361 (AB CA), 22 C.C.C. 455 (Alta. C.A.), at pp. 459-60.
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
