Does a party have to retain the services of a litigation expert for the purpose of the purposes of the litigation?
Ontario, Canada
The following excerpt is from Costan and Esanu v. Tarion Warranty Corporation, Remington Homes (Mississauga) Inc., 2021 CanLII 71153 (ON LAT):
In my view, these requirements apply where a party retains the services of a “litigation expert” within the meaning of Westerhof v. Gee Estate for the purpose of the hearing before the tribunal.[1] They do not apply where, as here, the witness’ opinion arises as a participant on the events leading to the litigation.
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