What is the role of an assessing officer in determining the necessity and propriety of a report?
British Columbia, Canada
The following excerpt is from Chandi v. Atwell, 2011 BCSC 1498 (CanLII):
[27] With respect to the necessity and propriety of a report, the assessing officer is not to “step into the shoes of the trier of fact” but rather must focus “on whether in the circumstances, it was a proper expenditure to fully and properly prepare the case for trial”: Freaked v. Wilson, 2000 BCSC 695; Morrissette v. Smith (1990), 39 C.P.C. (2d) 30. I observe that in this case, the trial judge has already rejected the suggestion that the impugned charges of the experts be disallowed in their entirety based on the jury’s verdict.
[28] Nonetheless, an expert’s charges will be significantly discounted if not disallowed in their entirety if their evidence is “nothing more than counsel could have done in argument”: Moore v. Dhillon, [1992] B.C.J. No. 3055.
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