A reminder that expert witnesses retained by both plaintiff and defendant counsel are expected to give evidence in a way that is objectively helpful to the court, and not influenced by which side that retains their services.
This decision concerns the relief from forfeiture provisions at ss. 129 of the Insurance Act and 98 of the Courts of Justice Act. The provisions were invoked because the plaintiff, who was involved in a motor vehicle accident with an unidentified driver, failed to comply with the reporting requirements in s. 3 of the Schedule attached to the Uninsured Automobile Coverage regulation under the Insurance Act (the “Schedule)”.
