What is the test for admissible expert reports in a motion for summary judgment?
Ontario, Canada
The following excerpt is from Moffitt v. TD Canada Trust, 2019 ONSC 5208 (CanLII):
As a question of law, the first issue that must be determined is whether the expert reports should be admissible for the purposes of considering the summary judgment motion. This is a threshold question that must be decided before anything else is determined. It is a clear question of law, and is a question that is not to be left to the trier of fact. It is part of the gatekeeper function that judges must exercise (see Bruff Murphy v. Gunawardena 2017 ONCA 502).
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