Can a notice of objection to the admissibility of an expert report be struck out?
British Columbia, Canada
The following excerpt is from The Whalen Company v Olympic International Agencies Ltd., 2017 BCSC 1771 (CanLII):
In Walker v. Doe, 2014 BCSC 830, Justice Butler of this court held at para. 8 that “other document” in Rule 9‑5(1) refers to documents which are required by the Rules to formally set out a party’s position, claim or defence and concluded that a court that did have jurisdiction to strike out a notice of objection to the admissibility of an expert report if it offended the provisions of Rule 9‑5(1).
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