The plaintiffs sought leave under s. 12 of the Evidence Act to call four additional expert witnesses (three occupational therapists and one life care planner) in a personal injury action, beyond the three medical experts and one accountant already intended.
The defendants opposed, arguing duplication and unnecessary expense.
The court granted leave for two of the four additional experts: Ms. Schmidt (occupational therapist) and Mr. Smit (life care planner), but limited Mr. Smit's evidence to costs.
The court denied leave for Mr. Campbell and Mr. Tyrer, finding their evidence duplicative as both were occupational therapists and vocational assessors co-authoring reports on employability.