You might need expert evidence to support your claim. This is a neutral opinion from an expert in that field, based on experience and qualifications. You might also need to prove what the industry standard is for that field, and the opinion should say how that standard was or wasn’t met in your claim.
- An industry standard is the minimum level of quality or care expected in that field.
- There might be requirements set by law or a regulatory body. For example, plumbers and carpenters must follow building codes, and doctors and accountants have codes of professional conduct.
- An industry standard could also include typical steps for a task or job.
For example, if a claim is about water damage to a building, a structural engineer could give a written opinion about what caused the water damage, what repairs are needed, and how much they’ll cost.
How do I choose an expert?
Choose an expert who has the qualifications to write a reliable report or statement. The expert must explain what training, knowledge and experience makes them qualified to give an opinion on the issue. This must be included in their report.
The expert providing the opinion must:
- Be objective and not take sides in the claim
- Not be a participant in the claim, or a close friend or family member
- Not advocate for anyone in the claim
What does it cost to get expert evidence?
You might have to pay to get expert evidence. You’re asking a professional for their time and expertise.
But if the claim is decided in your favour, the tribunal member might order the other participant to reimburse you for some or all of the cost of getting the expert evidence. The cost must be reasonable. You must also submit evidence showing what you paid for the expert evidence. For example, a receipt or statement from an autobody shop or medical professional for writing the report for you.
Can the CRT help me get expert evidence?
If you’re not sure what evidence you should submit for your claim, you may want to get legal advice. The CRT can’t tell you what the expert evidence should say, help you find an expert, or arrange to get expert evidence for you.
When do I submit expert evidence?
Your CRT case manager will tell you when to submit your evidence. If you want to submit expert evidence, the CRT Rules say the deadline is:
- 21 days after your case manager notifies you that facilitation has ended, or
- any other deadline set by your case manager or a tribunal member
If you’re a participant in a CRT claim, you may want to start gathering your evidence early, so you’re ready when it’s time to upload it.