Is an expert report on damages admissible in evidence for the purpose of responding to a summary judgment motion?

Ontario, Canada


The following excerpt is from Correct Group Inc. v. Cameron, 2019 ONSC 3901 (CanLII):

Having had the benefit of fulsome argument from counsel regarding the admissibility of the expert report on damages during submissions on the summary judgment motion, I have concluded that the report is not admissible in evidence for the purpose of responding to the summary judgment motion. Strathy J., as he then was, explained that: It is well-established that a party intending to rely on the opinion of an expert on a summary judgment motion must put the evidence forward in a manner that will permit cross-examination of the expert: Suwary v. Women’s College Hospital et al, [2008] O.J. No. 883 (Sup. Ct.), at para. 26.

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