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Lindsay Charles, Partner, and Jamie Davison, Student-At-Law, discuss the recent clarification by the Ontario Superior Court regarding admission and qualification of participant and litigation experts. The decision in Snodden v 2568832 Ontario Inc, 2023 ONSC 6759 updates our understanding from our 2019 blog post. Rule 53.03 outlines rules for expert witnesses, but the Westerhof v Gee Estate, 2015 ONCA 206 precedent allows "participant experts" to provide limited opinion evidence under certain conditions. The Snodden decision adds a consideration: whether the person is engaged by a party to the litigation. If so, they may not qualify as a participant expert. Factors include when the witness was retained, report preparation timing, and the purpose of the report. Additionally, the witness must base their opinion on personal observations or participation in the events. Mere review of third-party information is insufficient. The level of involvement should resemble that of a treating physician or a duty-bound fire inspector. The formation of the opinion must occur during the ordinary exercise of the expert’s skills while observing or participating in the events. For more insights, see our previous blogs on related topics.