Does an expert report have to be attached to an affidavit to support a motion for summary judgment?

Ontario, Canada


The following excerpt is from Pinarreta v. Abreu Refrigeration Limited, 2009 CanLII 61420 (ON SC):

She submitted that in Beland v. Kieffer the court did hold that the expert report should have been attached to an affidavit of an expert but that this was not a bar to the plaintiff defending the motion. She says that the court found that even if the expert’s report was admissible, the expert was not an expert in the area and there was no other evidence submitted by the plaintiff to resist the motion. It is noteworthy that in that case Weekes J. stated that a plaintiff responding to a motion for summary judgment has a responsibility to put forward an expert report in a proper manner. Weekes J. said that, were in not for issues about the qualifications of the “expert”, it would have been appropriate to adjourn the matter to permit the plaintiff to deliver a proper report of the expert, in affidavit form. He held, however, that the doctor’s qualifications concerning the applicable standard of care had not been established.

Other Questions


Does a summary judgment motion judge have the authority to grant summary judgment? (Ontario, Canada)
What is the test for admissible expert reports in a motion for summary judgment? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
Can a summary judgment motion be used to obtain summary judgment in a civil case? (Ontario, Canada)
Is an affidavit from a lawyer not appropriate in support of a motion for summary judgment? (Ontario, Canada)
Is an expert report on damages admissible in evidence for the purpose of responding to a summary judgment motion? (Ontario, Canada)
Does the acceptance of an appraisal report be accepted in a motion for summary judgment? (Ontario, Canada)
In what circumstances will a plaintiff be successful in a summary judgment action for failing to provide supporting expert evidence? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.