Expert Opinion Legal Inspection Reports
One of the diversified services offered by Canadian Home Inspection Services is an unbiased, written expert legal opinion for disputes or unsettled issues commonly related to poor construction or non conformance of contractual obligations in a residential or commercial building.
What is an expert legal report?
It is a written document outlining construction defects substantiated by facts, figures and photos. The report is always written by a qualified expert who has the knowledge, expertise, education and credentials to provide an objective opinion.
In Ontario, admission of expert evidence depends on the application of the following criteria:
(b) Necessity in assisting the trier of fact;
(c) The absence of any exclusionary rule; and
(d) A properly qualified expert.
It’s important to note that expert witnesses are not hired guns retained by the plaintiff or defendant lawyers. Given that trial judges are not specialists in technical matters, these experts are relied upon to clarify the issue at hand.
According to ontariocourts.ca, the Ontario Rules of Civil Procedure were changed in January 2010. Among other things, the changes include revamped duties of experts under Rule 53.03. In particular, the amended rules require experts to acknowledge their duty to provide opinion evidence that is fair, objective and non-partisan.
Experts must now sign the Form 53 acknowledgement and attach it to their reports. As a further measure to ensure impartiality, the form emphasizes the expert’s duty to the court “prevails over any obligation which I may owe to any party by whom or on whose behalf I am engaged.”
Additionally, the new rules set out a long checklist of items that should be included in every expert report, such as the expert’s area of expertise, qualifications, employment and educational experience. These also require the expert to disclose any instructions provided by lawyers or clients in relation to the proceeding, as well as background research, documentation and “foundational material” that led to the opinion.
Summary of Tom’s Credentials
- Raised in a construction family business environment
- 30+ years in residential and commercial property inspections
- Educated as a Construction Engineering Technologist
- Certified as a Commercial building inspector
- Licensed Septic inspector
- Certified WETT inspector
- Certified Class I Thermographer
- Registered Home Inspector and Member of Ontario Association of Home Inspectors and Canadian Association of Home and Property Inspectors
Disputes in a Court of law
If you intend to pursue a contractor, sub-contractor or any construction-related trade for unsatisfactory work, construction defects and/or non-fulfillment of a construction contract relative to the property, a written expert inspection report can be part of your evidence. Canadian Home Inspection Services will walk you through the inspection, point out the defects and provide cost estimates to repair the damage. Should a need arise to present expert testimony to the Court, we are at your disposition as well.
Canadian Home Inspection Services provides expertise you can rely on for all residential, commercial, septic, WETT and legal inspection reports.
How much does the inspection report cost?
Legal reports start at $1350.00 plus HST and court appearance fees are additional. The initial inspection and evaluation starts at $450.00 plus HST. After the initial inspection, we will provide an objective opinion as to how we feel your case will proceed prior to writing any report.