The appellant appealed a Small Claims Court decision dismissing his claim for damages related to basement flooding.
He argued the trial judge erred by requiring an expert report to be served prior to trial, adjourning the trial for that purpose, and ultimately rejecting his expert witness.
The Divisional Court dismissed these grounds, finding the trial judge properly exercised his gatekeeper function over expert evidence.
However, the appeal was allowed in part regarding costs; the court applied the Strasser principle to find that the Small Claims Court rule permitting the doubling of costs does not apply when a plaintiff's action is entirely dismissed.
