What is the impact of the absence of an expert report at trial?

[7] The delivery of expert reports is an important part of trial preparation. Rule 53.03 clearly requires parties to exchange expert reports well in advance of trial so that there will be a clear understanding of the anticipated evidence of the expert. Failure to adhere to the requirements under the rule mean that counsel do not have an opportunity to prepare for the expert’s evidence and may result in needless problems or delay being encountered at trial. It is apparent, however, from rule 53.08 that a court should exercise caution in excluding relevant expert opinion. This is reflected in the decision of Justice Quinn in Auto Workers Village (St. Catherines) Ltd v. Blaney McMurtry Stapells Friedman (1997), 14 C.P.C (4th) 152. In that decision the court states: In my view, it should be remembered that any time a court excludes relevant evidence the court’s ability to reach a just verdict is compromised. Relevant evidence should not be excluded on technical grounds, such as lack of timely delivery of a report, unless the court is satisfied that the prejudice to justice involved in receiving the evidence exceeds the prejudice to justice involved in excluding it.