Courts should take a more liberal approach to the rules regarding submission of expert evidence on summary judgment motions so that parties aren't discouraged from using the process, says Toronto civil and commercial litigator Patrick Summers.
Rule 39.02 of the Rules of Civil Procedure requires a party to seek leave from the court in order to file any new affidavits after the completion of cross-examinations in connection with a particular motion or application. However, Summers, a partner with Basman Smith LLP, says expert evidence on a summary judgment motion deserves special consideration under the rule.
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