During a trial for damages arising from a railway accident, the plaintiff (a class member) sought to qualify an expert witness to provide opinion evidence on the profitability of a proposed European pipeline project, claiming a loss of opportunity.
The defendants objected to the expert's admissibility.
Following a voir dire, the court refused to qualify the expert.
The court found the expert's evidence lacked reliability due to an undisclosed prior business relationship with the plaintiff.
Furthermore, the court held the expert evidence was unnecessary because the plaintiff failed to produce admissible evidence or documentation demonstrating he could have obtained the financing required to build the pipeline.