As the case settled before the plaintiffs’ case closed, several of the experts whose accounts are identified in the plaintiffs’ disbursements list did not attend at trial and did not, therefore give their evidence to the court. Nevertheless, the plaintiffs assert that “The costs of witnesses who have been summonsed, but ultimately not called to testify is an appropriate expenditure involved in trial preparation, and should be allowed. Ishoy v. Abreu, [2005] O.J. No. 5702, at para.13.
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