5.34: Service of expert’s report

Case Summary

The Applicant sought to vary child support. He submitted an expert report in support of his position. The Respondent objected to the report as not having the necessary form or content to be an expert report. In particular, the report did not provide a CV or list of qualifications, as is required by Rule 5.34 and Form 25.

Justice Grosse agreed that a CV or summary of qualifications is an important part of expert evidence. However, she stated that the Court process in Alberta focuses on substance over form and will allow for errors to be cured where there is no material prejudice to the opposing Party.

She also highlighted the delay in raising the objection. The initial expert report was filed on August 3, for a hearing scheduled for September 9. No objection was raised until August 24 and, at that time, it was a general objection. Specifics of the objection followed, by request, the next day. The issue was rectified the following day.

The Applicant argued that there was insufficient time to cross-examine or assess qualifications. However, he had not requested cross-examination prior to the hearing.

Justice Grosse therefore dismissed the request to reject the expert report due to lack of CV.

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