Derryck Smith: Impatient, Defensive

Derryck Smith is a psychiatrist who testifies a lot. Not always persuasively. We’ve posted about him before: https://www.clearlaw.ca/blog/derryck-harold-smith-psychiatrist; https://www.clearlaw.ca/blog/money-makes-the-world-go-round.

In the recent case of Sharp v. Song https://canlii.ca/t/jh3ph, Mr. Justice Dley said this:

[39] Dr. Smith did not have a good day in the witness box. He was impatient, defensive, and unnecessarily argumentative with counsel during cross-examination. He bristled when his opinion was questioned. In response to a reasonable hypothetical question posed by counsel, Dr. Smith was evasive and stated that he did not “understand the value of a hypothetical”.

[44]      Dr. Smith was unable to produce the notes of his interview with Mr. Sharp. Expert witnesses have a duty to retain their working papers. Although the failure to produce the working notes do not render his opinion inadmissible, it does affect the weight of the opinion because it cannot be properly tested.

[45]      Dr. Smith’s evidence left me with the view that he was an advocate for the defence. Given all of the weaknesses in Dr. Smith’s testimony and approach, I decline to accept his opinion that Mr. Sharp did not suffer a brain injury.

Yup, Justice Dley got the measure Dr. Smith. Still, he rocks the bow tie, right?