6.40: Appointment of court expert
6.41: Instructions or questions to court expert
6.42: Application to question court expert
6.43: Costs of court expert

Case Summary

The Applicants applied for an oppression remedy, but in the context of a divorce/matrimonial property matter. The main remedy sought was the appointment of an Inspector under the Alberta Business Corporations Act, RSA 2000 c B-9 (the “BCA”) in order to conduct an investigation into the family business and its assets. The Court awarded the Applicants the sought oppression remedy under the BCA, but noted that an alternate route to a similar remedy would have been an Application for the appointment of an expert under Rules 6.40-6.43 - a little-used process that “bears consideration where expert evidence on an issue is undoubtedly required and the economics of the case warrant that an entirely neutral expert be retained at the start with the hope that a costly war with duelling experts might be avoided”.

The Court stated that if it had been concerned with its ability to order a valuation under the BCA, it would have invited the Applicant to make an Application in the divorce/matrimonial property Action for the appointment of a Court expert.

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