Litigation Support

The medical legal services Turning Point has provided for over 15 years has included rebuttals, critiques and general litigation support.  Although our team does not have any published court judgments indicating we have testified on behalf of the defence, we are retained to provide litigation support to defence lawyers in the form of a rebuttal or critique of another medical legal report.  Typically, this work arises from defence lawyers who have cross-examined our experts.

Our education, training and trial experience facilitates a high-level rebuttal or critique that follows a standard methodology as well.  Our training includes an ethical component whereas we follow the same standard methodology regardless of who has retained our services and avoid attacking any author personally or unprofessionally.  The focus of our rebuttals is to examine the facts and assumptions of the case, review the qualifications of the author and determine if their expert report follows standard methodology.  Any variances in methodology that are not explained in the expert report are identified and corrected using the standard methodology relevant to the scope of opinion.


Our Certified Life Care Planners adhere to the published standards of practice and methodology of the International Academy of Life Care Planners (IALCP).  A critique of a life care plan, relies on the published standard methodology in life care planning and the step by step process as the basis for rebutting and critiquing the expert report.


Our Certified Work/Functional Capacity Evaluators adhere to the JTECH Medical and Matheson philosophy that objective functional testing assists with identifying functional deficits, assessing safety to perform functional activities, and assessing consistency of effort.  The purpose of the FCE is to provide an objective measure of an individual’s safe functional abilities compared to the physical demands of work.

Unlike life care planning, there is not one accepted or published methodology pertaining to FCE.  For example, there are critics of effort testings whereas, most FCEs include effort testing.  Or, how some FCEs used standardized tools whereas, others use common household objects. In Canada though Matheson FCE training and methodology is especially popular.

Regardless of the training company, there are commonly accepted principles within the OT literature for designing, conducting and writing up a FCE which are explained and utilized when critiquing a functional capacity evaluation.  For example, client follow-up following a FCE is standard procedure to determine the effect of the FCE on an individual's symptoms and function.


Our Certified Vocational Rehabilitation Professional, adheres to the College of Vocational Rehabilitation Professionals standards of practice to assist individuals to access, maintain or return to vocational activities, and to determine and facilitate access to any vocational rehabilitation and/or support services needed to achieve their desired goals. A critique of a vocational assessment will rely on the standards of practice in vocational rehabilitation as the basis for rebutting and critiquing the expert report.


  1.  How many times have you testified on behalf of a defendant?  Although retained by defence for litigation support, often times a verbal rebuttal and/or critique is requested and an expert report is not requested.  We actively market to defence lawyers, but we do not have control of those referrals.  It is our understanding that defence lawyers are unable to request specific experts but need to request them from the insurer.
  2. What percentage of your work is plaintiff?  At Turning Point each of our experts are a preferred provider for ICBC and they continue to maintain an active rehabilitation caseload, funded by insurers such as ICBC.  We work with insurers on a regular basis to assess client, make recommendations and seek funding.  The percentage of expert work versus clinical work varies amongst each expert and varies with fluctuations in caseload.


We do not have a waitlist for defence referrals and we offer free consultations.