5.34: Service of expert’s report
7.3: Summary Judgment (Application and decision)

Case Summary

The Defendants applied for an Order for Summary Judgment against the Plaintiffs. The Defendants filed evidence in the form of Affidavits and Expert Reports. The Plaintiffs did not file any evidence in response to the Defendants’ Application. At the Application, the Plaintiffs provided the Court with an Expert Report that was not in the proper form. The Defendants argued that such a Report should not be considered by the Court as evidence in the Summary Judgment Application. Justice Lee, however, held that the Expert Report, while not in the proper form, was still evidence before the Court. The Expert Report provided evidence in defence of one of the Defendants, but not the other. Justice Lee ordered the Claim struck as against the Defendant that the Plaintiffs’ Expert Report did not address, and dismissed the Summary Judgment Application of the other Defendant. Justice Lee further ordered that the Plaintiffs serve all of their Expert Reports in the proper form and within four months.

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