To Comply Or Not To Comply? When Experts Fall Outside The Scope Of Rule 53.03

On March 26, 2015, the Ontario Court of Appeal released its decision in Westerhof v. Gee Estate concurrently with its companion case McCallum v Baker.¹ Both decisions were heard at the same time as Moore v. Getahun²and, together, form what has been referred to as the Expert Evidence Trilogy ("Trilogy").

There was an exceptional degree of interest by the Ontario bar in the Trilogy, with six parties intervening in the appeals: The Advocates' Society; The Holland Group; the Ontario Trial Lawyers Association; the Canadian Defence Lawyers Association; the Canadian Institute of Chartered Business Valuators and the Criminal Lawyers' Association. Facta of the parties and all interveners are available here. Our coverage of the Moore v. Getahun decision, which was released earlier this year, is available here.