Appropriate Use of Expert Evidence on Summary Judgment Motions
As summary judgments become more and more the principal forum to resolve disputes in their entirety, rules around the evidence that can be used in these types of motions become paramount. Courts do allow expert evidence to come in as evidence on summary judgment motions so long as the Rules on expert evidence are complied with. In a recent case, a court criticized the defendant for not producing an expert report in line with the Rules . The report or part of it was brought in as evidence through a solicitor’s affidavit. The court found that this approach amounts to the expert evidence being insulated as there is no ability for the opposing party to cross-examine the expert. The court ultimately ruled in favour of the plaintiff as the defendant had an obligation to put their best foot forward and prove there is a genuine issue requiring trial. It had failed to do so. Background A roofing company provided services to a city. A flood occurred and the city took the position th...