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The court held that the plaintiff could designate core expert reports for Rule 12.1 purposes and admitted both physiatry reports after White Burgess gatekeeping.
The court admitted an immigration-law expert report and qualified Deanna Okun-Nachoff on a narrowed basis for a Charter voir dire in R. v. Boule.
Granting leave was denied because, although the financial stakes made additional expense proportionate, the other statutory factors weighed against leave: the appeals lack public significance, the number and nature of experts proposed (notably four transfer pricing experts) risk duplication and exceed norms, and CIBC delayed bringing the motion thereby prejudicing the parties; duplication is a proper consideration under subsection 145(5) and the balance of factors did not justify seven experts.
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