The applicant sought leave to appeal a decision of the Ontario Municipal Board refusing to disqualify an expert witness retained by the respondents.
The applicant had initially contacted the expert and shared allegedly confidential information before the expert declined the retainer.
The Divisional Court dismissed the motion for leave to appeal, finding that there is no property in an expert witness and that the applicant failed to establish a risk of prejudice or meet the test for leave to appeal under the Rules of Civil Procedure.
