What is the test for determining whether an expert’s report is required to support a claim?
Ontario, Canada
The following excerpt is from Sabourin v Proulx (Rejean Proulx Masonry), 2011 ONSC 4099 (CanLII):
This finding of fact derives from response to the same questions posed by Spever J. in Patterson v. Anderson 2004 CanLii 21532 as follows: 1. What facts did the Plaintiffs know and when did they know them? 2. What facts existed that the Plaintiffs were unaware of and when did they acquire knowledge of them? 3. Is this a case where an expert’s report is required to institute a claim? 4. Did the Plaintiffs act with reasonable diligence? What facts did the Plaintiffs know and when did they know them?
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