Fasken secured the pre-trial dismissal of an expert opinion in a professional liability action with a value in dispute bordering on $6 million.
Given how rare it is for the court to dismiss an expert opinion, this judgment represents an exceptional outcome.
In her decision, the Honourable Florence Lucas, J.S.C., dismissed the expert opinion on tax law provided by a lawyer and professor of Université Laval (the “Expert Opinion”) on the grounds that the Expert Opinion would not serve any useful purpose for the Court, as it did not meet the criteria of relevance or necessity and that the expert had encroached on the judge’s role.
The Court found that the Expert Opinion lacked methodology, which prevented the judge from understanding, accepting and following the expert’s opinion and that, at best, the Expert Opinion reflected the expert’s own standpoint, without adding substance, which point of view was expressed without reference to any recognized professional standards, thereby supporting its dismissal.
A Fasken team composed of Sébastien Richemont, Nicolas Mancini and Adel Remila represented Dentons in this dispute.Jurisdiction
- Québec
