C-FER offers our services as expert witnesses in litigation or proposed litigation. This may include patent disputes, or suits related to failures of a product or process, or any other case in which the services of a technical expert may be valuable.
Upon request by a solicitor, we will review the elements of a case to determine if we have a person with sufficient expertise in the required field and who is willing to take the case. At that point a retainer agreement will be executed between the solicitor and C-FER.
The expert will then work with the solicitor to perform a more detailed review of the case and opine on the important elements of the case.
For example, in a patent dispute, this could involve a thorough review of the patent to determine its “essential elements” and “claims construction”, a review of the prior art to determine if any may invalidate any parts of the patent, and an examination of allegedly infringing devices to determine if they contain the essential elements of the patent.
If, as a result of this review, the expert feels he cannot support the client’s case at trial, the work will not progress further.
However, the client can be assured that once the retainer has been executed, neither that expert nor anyone else at C-FER will work as an expert for any other party in the case.
C-FER’s experts always act as independent, impartial parties, with a duty to assist the court on matters relevant to their areas of expertise, as required by the code of conduct for expert witnesses laid out by the Federal Court of Canada (or similar codes of conduct from other courts, as required).