What is the test for obtaining answers from an expert?

Alberta, Canada


The following excerpt is from Giovanetto v. Abacus Oil & Gas Ltd., 1981 ABCA 331 (CanLII):

The appellant says that he is having difficulty in getting answers to which he is entitled and that we should make some direction as to his right to get those answers. He referred to his right as being established by the judgment of Kirby, J. in Act Oils v. Pacific Petroleum et al (1969), 50 D.L.R.(2) 532. He has not sought a further examination. What he sought in this motion is clear and the answers are clear: (1) He cannot require the production of Rogers as the officer; (2) The defendant is not bound to accept or reject the answers given by Rogers on another examination in an earlier proceeding, and (3) The answers given by Rogers are not binding on the defendants or any of them.

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