What is the test for relying on expert evidence in a motion for summary judgment?
Ontario, Canada
The following excerpt is from Markowa v. Adamson Cosmetic Facial Surgery Inc., 2012 ONSC 1012 (CanLII):
As Strathy J. noted in Suwary v. Women’s College Hospital: The reason for this rule is obvious: a party relying on expert evidence in a motion for summary judgment does not ‘play trump’ by shielding its expert from cross-examination through the use of an ‘information and belief’ affidavit of someone completely unqualified to testify on the issue.[5]
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