Rule 53.03 does not apply to experts involved in the history of the subject matter.
The applicant roofing company brought a pre-trial motion to exclude the expert evidence of an architect and engineer retained by the respondent.
The consultant had been involved in advising the respondent on roof repairs prior to and during the applicant's work.
The court held that Rule 53.03 of the Rules of Civil Procedure does not apply to experts who are involved in the history of the subject matter, as opposed to those retained solely for litigation.
The motion was dismissed, and the consultant was permitted to provide both factual and opinion evidence at trial.
Continental Roofing Limited v. J.J.’s Hospitality Limited, 2012 ONSC 1751
