Dunphy issued a ruling last fall in a case where a doctor who was often an expert witness filed a lawsuit against the then-president elect of the Ontario Trial Lawyers Association for postings she made about his credibility on an association listserv.
The Superior Court judge in Platnick v. Bent dismissed the libel action filed by the doctor and also a Charter challenge to the legislation (his ruling is one of the cases before the Court of Appeal this summer).
The independence of experts in legal proceedings is a matter of significant public importance, stated Dunphy. He rejected the doctor’s argument that whether an expression is in the public interest should require a “clear and convincing” standard of proof to be met.
For more background and FAIR’s involvement on this case see: http://www.fairassociatio