Motions to exclude expert report for abuse of process and to mandate expert hot-tubbing dismissed.
The applicant filed a Request for an Order During Proceedings to exclude the respondent's expert medical report, arguing its admission would be an abuse of process due to delay and re-litigation.
The respondent filed a cross-request for an order requiring the parties' medical experts to meet with a facilitator to produce a joint report (a 'hot tub').
The Tribunal dismissed the applicant's request, finding no delay, no prior legal determination of the applicant's medical needs, and that the expert evidence was relevant to the discrimination claim.
The Tribunal also dismissed the respondent's request, concluding that a facilitated meeting would be an inefficient use of resources given the fundamental disagreement between the experts.
Cole v. Ontario (Health and Long-Term Care), 2016 HRTO 497
