The applicant sought an urgent order to compel the respondent's attendance for cross-examination on an affidavit, following the respondent's refusal to attend due to the applicant's intention to have an expert assist counsel.
The court addressed the respondent's unilateral refusal to attend and the issue of whether leave is required for an expert to assist counsel at an out-of-court examination.
The court found that counsel do not need leave to bring assistants, including experts, to examinations, and that the onus to exclude such individuals lies with the party alleging prejudice.
The respondent's motion to exclude the expert was dismissed, and the respondent was ordered to attend cross-examination.
