The appellant appealed an order from the Small Claims Court that struck out his claim against the respondent, a psychologist, based on expert witness immunity.
The appellant had sued the respondent for the return of $21,900 paid for a s. 30 Children's Law Reform Act assessment report, alleging errors, omissions, and failure to address abuse allegations.
The Divisional Court allowed the appeal, finding that the law on expert witness immunity in Canada is unsettled, particularly regarding whether it protects an expert from a breach of contract or negligence claim by their own client for recovery of fees.
The court held that such a novel legal issue should not be determined summarily and reinstated the claim.
