The applicant brought a preliminary evidentiary motion to strike or exclude the expert opinion evidence of the respondents' expert, arguing the expert lacked independence and impartiality.
The applicant alleged the expert's firm had a reputational stake and a direct client relationship with the respondent municipality, and employed a former municipal building inspector whose work was reviewed in the expert's report.
The court applied the White Burgess framework and found the threshold requirement for independence and impartiality was met, as the relationship was analogous to a mere employment relationship and did not establish a realistic concern that the expert was unable or unwilling to fulfill his duty to the court.
The motion was dismissed.
