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Difference between revisions of "Limitation on Experts (12:IX)"
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Limitation on Experts (12:IX) (view source)
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4. ''EAA'' 12.1(5) provides judicial discretion to allow for additional experts beyond the limitation for cases where: | 4. ''EAA'' 12.1(5) provides judicial discretion to allow for additional experts beyond the limitation for cases where: | ||
<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) | <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> | 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> | ||
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5. 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). | 5. 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). | ||
6. 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). </blockquote> | 6. 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). </blockquote> | ||
Exceptions: | |||
# The limitation of the number of experts will not apply if an expert report has been served before February 6, 2020, and the trial date set out in the notice trial is before October 1, 2020, ''EAA'' 12.2 (2)(b) | |||
# The $3,000.00 limit to recoverable on expert reports and the 5% limit on disbursements would not apply if the cost for experts has already been incurred prior to February 6, 2020, or a notice of trial has been filed and served prior to February 6, 2020, for a trial before October 1, 2020. ''EAA'' 12.2 (3)(b) | |||
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