The court granted the respondent's motion to attempt to requalify an expert, file a late report, and amend pleadings.
The respondent brought a motion seeking various grounds of relief pertaining to a protracted trial, including recalling herself to testify, filing a late expert report, and revisiting prior rulings regarding another expert's disqualification and amendment of particulars of fraud.
The court granted all substantive requests, allowing the respondent to attempt to requalify her expert, admit a new expert's report, amend her particulars of fraud, and provide further testimony.
The court applied the Supreme Court of Canada's framework from *White Burgess Langille Inman* regarding expert witness independence and impartiality, finding the previous judge applied an overly stringent test.
Despite the respondent's substantial success on the motion, costs were denied due to her prior procedural failures.
