“There have been several cases before the courts and the Financial Services Commission where judges and arbitrators have found that experts have failed to act as neutral, independent, and impartial witnesses, but rather have acted as hired-gun advocates. The judges and arbitrators have made it clear that they find this conduct unacceptable,” says Steve Rastin, of Barrie, Ont.-based Rastin and Associates and OTLA’s immediate past president. “The expert should give the same opinion whether he or she is hired by the insurance company or by the claimant. The opinion should be the same.”
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