Wasylyk v. Simcoe (County) 2023 Ont CA
Expert reports, technically being hearsay, are not usually marked as exhibits; they are treated as aide memoires. However, although they may not be numbered exhibits, they should be made lettered exhibits which, although not evidence, become part of the trial record for appeal purposes. It allows an appeal panel to appreciate the arguments with the benefit of the same material that the trial judge had. This applies equally to all aide memoires, such as summaries and spreadsheets.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.