Michelle Durnez

The plaintiffs sought leave under s. 12 of the Evidence Act to call four additional expert witnesses (three occupational therapists and one life care planner) in a personal injury action, beyond the three medical experts and one accountant already intended.

The defendants opposed, arguing duplication and unnecessary expense.

The court granted leave for two of the four additional experts: Ms. Schmidt (occupational therapist) and Mr. Smit (life care planner), but limited Mr. Smit's evidence to costs.

The court denied leave for Mr. Campbell and Mr. Tyrer, finding their evidence duplicative as both were occupational therapists and vocational assessors co-authoring reports on employability.

The defendant Ceeps-Barneys Limited, operating as The Ceeps, brought a motion for summary judgment to dismiss a personal injury action against it.

The plaintiffs alleged the Ceeps breached its common-law and statutory duties as a commercial host and occupier, following an assault on the plaintiff Kyle Schiavone by co-defendant Brenden Woods outside the establishment.

The court dismissed the motion, finding genuine issues requiring a trial regarding the Ceeps' duty of care, breach, and the foreseeability of harm.

The court also noted that granting partial summary judgment would risk duplicative proceedings and inconsistent findings, as the action would proceed against other defendants regardless.