Expert Obligations

An expert who accepts a mandate must ensure that there is no conflict of interest and must proceed with the utmost objectivity, regardless of the mandating party. They must take into account all elements in the file and those obtained during their evaluation. Their expert report must be written as quickly as possible after the examination and within the timeframes prescribed by certain specific laws.
 

By accepting a mandate, the expert commits to testifying before judicial or administrative tribunals to support their opinion, according to pre-established procedures.
 

Even when the expert does not agree with the therapeutic approach taken by the practitioner(s), they must refrain from intervening in the treatment. However, they may express their opinion if asked. If they discover new facts or an error that could endanger the life or health of the person being assessed, they must immediately notify the mandating party, who will communicate with the practitioner(s) to inform them of these new facts. In such circumstances, the expert remains subject to the code of ethics governing their professional practice.
 

The expert must refrain from any action or comment that could discredit the treating professionals in the eyes of the person being assessed.
 

The expert accepts that their opinion may be challenged, even in court. To defend their opinion, the expert must base their testimony solely on factual and scientific data.
 

In civil liability assessments, the expert must consider possible subsequent complications and the overall prognosis of the assessed person's condition.
 

Certain assessments, particularly in professional liability cases, may be conducted through file review. In such cases, physical or mental examination may not apply. If necessary, the expert must rely on the professional evaluations in the provided file to assess the clinical picture of the person being assessed. At the slightest doubt, the expert may discuss with the mandating party and/or their attorney the possibility of conducting a proper examination.

Except in exceptional circumstances, the expert cannot require an invasive paraclinical examination.