What factors will be considered in determining whether or not to disbursement of an expert’s report?

Nova Scotia, Canada


The following excerpt is from Maritime Travel Inc. v. Go Travel Direct Inc., 2008 NSSC 306 (CanLII):

In Cashen v. Donovan, Goodfellow, J., in para. 10., set out a non-exhaustive list of factors to be considered. I will refer to those I consider to be relevant in this case: 1. Whether the incurring of the disbursement was necessary or appropriate. 2. The amount involved in the litigation. 3. Complexity of the issues. 4. Whether or not sufficient expert opinion was readily available without incurring the cost. 5. Whether the incurring of the disbursement was necessary for the conduct of the litigation. ... 6. Whether or not the expert’s report was of any assistance to the court? This determination is to be considered with number 5 and not necessarily in isolation. ... ... 11 Examination of the nature of the work and time involved in the preparation of the expert’s report and any possible additional time requirement to respond to any subsequent expert’s reports.

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