McCain Foods Limited v. J.R. Simplot Company, 2023 FC 1480
Associate Justice Horne - 0000-00-00
Read full decision. Summary prepared by Alan Macek:
Rule 52.5 requires that objections to expert reports be made as early as possible. The Rule does not require that a motion to determine the admissibility of an expert report also be brought as early as possible. While case management judges have the ability to strike expert evidence on a preliminary motion, that discretion should be exercised with great restraint. If it is debatable whether the Mohan test has been met, that debate should be resolved by the trial judge. I am not persuaded that the plaintiff has demonstrated that one of the expert reports served by the defendants should be struck by the case management judge on a pre-trial motion. ... Unlike the facts in Crocs, McCain has articulated a detailed objection promptly. Having resisted this motion in the basis that it is premature, I do not see how Simplot could credibly submit to the trial judge that the motion should have been brought and determined earlier.
Decision relates to:
- T-1624-17 - MCCAIN FOODS LIMITED v. J.R. SIMPLOT COMPANY ET AL