Does delivery of an expert’s report constitute an intention to call that expert at trial?
Ontario, Canada
The following excerpt is from Smith v. Jarnell, 2020 ONSC 6433 (CanLII):
The court in Edwards v. McCarthy 2019 ONSC 3925 at paragraph 9 affirmed that delivery of an expert’s report does not, in itself, constitute an intention to call that expert at trial. It is the decision to call the expert, not that delivery of the report, that triggers the obligation to disclose the information sought by the defendant in this instance.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a risk to the trial of this report if this report is excluded from the trial? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
What is the impact of the absence of an expert report at trial? (Ontario, Canada)
Does the fact that one party does not rely upon information in an expert’s report constitute a breach of the duty of disclosure? (Ontario, Canada)
Does the delivery of a s. 112 assessment report constitute a material change in circumstances justifying a change in the existing arrangement? (Ontario, Canada)
If a parent is intentionally undereployed, is it a bad faith or intention to evade support obligations inherent in intentional underemployment? (Ontario, Canada)
Can an expert be found to be immune from prosecution for failing to provide an expert report for use in a tort action? (Ontario, Canada)
Can a non-expert expert give evidence in a motor vehicle accident case that does not contradict the findings of an expert? (Ontario, Canada)
Is an assessment report to be used on a motion to change the status quo at trial? (Ontario, Canada)
What is the test for ordering a new trial after a civil jury trial? (Ontario, Canada)
