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ARTICLE · 21 JUNE 2023

Motions To Call More Than Three Experts At Trial: There Is No Prohibition Against Duplication

McLeish Orlando LLP
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In Majerczyk v Manalo, 2023 ONSC 3064, the Defendant brought a motion to call more than three experts at the trial of a motor vehicle collision in which the Plaintiff suffered serious injuries.

CanadaLitigation, Mediation & Arbitration
Dale Orlando
Dale Orlando
Savannah Snyder (Summer Student)
Savannah Snyder (Summer Student)
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Overview

In Majerczyk v Manalo, 2023 ONSC 3064, the Defendant brought a motion to call more than three experts at the trial of a motor vehicle collision in which the Plaintiff suffered serious injuries. Specifically at issue was whether the Defendant should be permitted to call a physiatrist in addition to an orthopaedic surgeon.

Justice Woodley ultimately granted the Defendant's motion, centering the analysis on the area of expertise of the experts and what they were able to provide opinion evidence on, rather than focusing on the observations and conclusions contained in each expert's report. On this point, Justice Woodley states:

[24] There is no prohibition against duplication. The case law prohibits undue duplication.

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