Fruits de mer Lagoon inc. v. Réfrigération, plomberie et chauffage, [2016] QCCS 3001. Dufresne v. Berardinucci, [2016] QCCQ 5780. Ludmer v. Canada (Attorney General), [2016] QCCS 3119.
In these three cases, the Court was faced with applications to reject the expert report submitted as evidence by a Party to the litigation.
In Fruits de mer Lagoon Inc., the Plaintiff raised the bias of the expert chosen by the defendant, invoking in particular that there were business discussions between the two parties.
In assessing this motion, the Court must keep in mind that at the preliminary stage, it must remain prudent in making a decision. In fact, the Supreme Court has instructed not to reject a report except in patent circumstances. Also, the Court must distinguish between the admissibility of an expert report and its probative value.