Does delivery of an expert’s report constitute an intention to call that expert at trial?

Ontario, Canada


The following excerpt is from Smith v. Jarnell, 2020 ONSC 6433 (CanLII):

The court in Edwards v. McCarthy 2019 ONSC 3925 at paragraph 9 affirmed that delivery of an expert’s report does not, in itself, constitute an intention to call that expert at trial. It is the decision to call the expert, not that delivery of the report, that triggers the obligation to disclose the information sought by the defendant in this instance.

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