The plaintiffs in a personal injury action appealed an order requiring their expert witnesses to answer questions regarding the foundation and assumptions of their opinions during cross-examination on affidavits filed in response to a summary judgment motion.
The Divisional Court dismissed the appeal, finding no error in the motions judge's ruling that cross-examination on an expert's affidavit should be subject to the same rules as other affiants and is not strictly limited to the four corners of the affidavit.
