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Step 7 to critiquing an expert report on damages in a commercial dispute involves identifying the extent to which the damages period extends beyond the current date (or anticipated trial date) and assessing whether or not the expert reasonably present valued the future damages (e.g. lost profits) to the breach date or the trial date at an appropriate discount rate.

Heading into a New Year is the perfect time to reflect upon the challenges and successes of the past year and set new goals for the coming year.  Many business owners may be planning to sell their business in 2013.  Perhaps some boomers have already delayed this event, for various reasons, and are hoping 2013 will be the year they begin the transition out of their business. ...

Approximately $1.9 trillion in business assets (or 310,000 businesses) are poised to change hands over the next 5 years, increasing to $3.7 trillion (or 550,000 businesses) over the coming decade.  This will be the biggest transfer of Canadian business control on record. [1]

The third and, in my view, most important step to critiquing an expert report involves identifying and assessing the reasonableness of the assumptions relied upon by the expert.  The extent to which the underlying assumptions are not reasonable and/or not supported can significantly impact the reliability of the findings.

After checking the author’s credentials, the second step to critiquing an expert report involves identifying any major scope limitations, restrictions and qualifications rendered on the conclusions.  This will help ascertain whether or not sufficient work was conducted by the expert to support the conclusions arrived at.  The extent to which the expert’s scope of review has ...

The first step to critiquing an expert report on damages involves reviewing the author’s credentials and qualifications.

The Rules of Civil Procedure stipulate that it is the expert’s duty to provide opinion evidence that is related only ...