Difference between revisions of "Limitation on Experts (12:IX)"

# For fast track claims (where the amount sought by the plaintiff is less than $100,000.00), there will be a limit of one expert and one expert report per party, ''EAA'' 12.1 (2)(b).

# For claims that are not considered to be fast track claims, there will be a maximum of three experts and expert reports for each party, ''EAA'' 12.1 (2)(a).

# Parties involved in the claim can agree to use more experts than the limit if every party to the claim agrees, ''EAA'' 12.1 (4)(a)(b).

# ''EAA'' 12.1(5) provides judicial discretion to allow for additional experts beyond the limitation for cases where:

<blockquote> <blockquote> a. The subject matter of additional expert to be tendered has not already been addressed by the other experts. ''EAA'' 12.1 (6)(a)

b. Without the additional expert evidence, the party making the application would suffer prejudice disproportionate to the benefit of not increasing the complexity and cost of the proceeding. ''EAA'' 12.1 (6)(b) </blockquote> </blockquote>  

# A limit is placed on the maximum amount recoverable from an unsuccessful litigant to $3,000.00 per each expert report in motor vehicle personal injury cases, EAA 12.1 (9)(a)(i)(A). The total recoverable disbursements in motor vehicle personal injury cases will also be limited to 5% of the judgment or settlement, EAA 12.1 (9)(a)(i)(B).  

# Disbursements include all expenses used for the purpose of the lawsuit including expenses such as courier fees and photocopying. It will not include fees payable to the Crown such as filing fees, court fees, and jury fees. EAA 12.1 (9)(a)(ii).