Key Takeaways
- Incompetence findings turn on lack of knowledge, skill or judgment (Code, s. 52(1); OCT Act, s. 30(3)).
- Experts explain the standard that applied at the time.
- Choose experts with directly comparable practice experience.
- Expert reports usually must be exchanged before the hearing.
Why Experts Matter
A panel may find a professional incompetent where their care displayed a lack of knowledge, skill or judgment of a nature or extent showing they are unfit to continue practising or that their practice should be restricted (Code, s. 52(1)). Expert evidence helps the panel assess that standard.
Choosing an Expert
- Same field and similar practice setting.
- Experience with the standard in effect at the time.
- Independence and credibility.
- Ability to explain clearly.
Frequently Asked Questions
Do I need my own expert?
If the regulator relies on one and the standard is disputed, a responding expert is often important.
Who pays?
Each party generally pays for its own expert, subject to any costs order.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Health Professions Procedural Code (RHPA, Sched. 2), s. 52 — Checked November 10, 2026.
- Ontario College of Teachers Act, 1996, s. 30 — Checked November 10, 2026.