SUPREME COURT OF NOVA SCOTIA
Citation: Marshall v. Annapolis County District School Board, 2009 NSSC 203
Date: 20090625
Docket: Hfx No. 123323
Registry: Halifax
Between:
Jonathan Marshall, an infant, represented by his
Litigation Guardian, Gladys Hardwick Plaintiff
and
The Annapolis County District School Board and
Douglas Feener Defendants
and
Betty Acker and Vaughan Caldwell Third Parties
LIBRARY HEADING
Judge: The Honourable Justice Gerald R P Moir
Heard: 22 and 25 June 2009 at Halifax
Written Decision: Oral decision edited and signed on 29 June 2009
Subject: Civil Procedure; Rule 55 - Expert Opinion and Rule 92 - Transition, exclusion of opinion evidence on basis report is late, advance ruling on sufficiency of expert’s report.
Issues: Whether a report was subject to the deadline in Rule 55 - Expert Opinion? Whether RCMP opinions could be excluded by advance ruling under Rule 55.10?
Summary: Trial dates were set in 2008 under case management. Also, plaintiff filed notice of trial at that time. Defendants delivered a rebuttal expert’s report a year later. They also advised they would rely on opinions expressed by RCMP.
Result: (1) The deadline under the new Rules did not apply. No deadline had been set for this report by the case management judge. Delivery was within the deadline under the former Rules, which applied. (2) An advance ruling could not be given. Rule 55.10 is restricted to the issue of whether an expert’s report sufficiently conforms with Rule 55. The RCMP opinions would, if reporting is required, be subject to the former reporting requirements.
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