What is the cost of retaining an expert who was not called at trial?
Alberta, Canada
The following excerpt is from Paniccia Estate v. Toal, 2012 ABQB 367 (CanLII):
The issue of the disbursement cost of an expert not called at trial was recently discussed by Thomas J. in Forsberg v. Naidoo, 2011 ABQB 705 at paras. 19-23. At para. 22 he identified three steps to evaluate an expert who was retained but did not testify: ... I would not have allowed it without a more detailed explanation of why this expert did not give evidence at trial, specifically: 1. the anticipated relevant area of expertise, 2. how that expertise was expected to be relevant for this case, and 3. why that expertise did not prove relevant at trial.
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