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Appointment of expert to report on certain questions

35.01. (1) Where independent technical evidence would appear to be required, the Court may at any time appoint one or more independent experts to inquire and report on any question of fact or opinion not involving questions of law or construction of documents.

             (2)  Unless the parties otherwise agree, a court expert shall be nominated by the Court and his or her instructions shall be settled by the Court.

             (3)  The Court may from time to time make such further order as it deems necessary to enable the court expert to carry out its instructions, including the making of experiments and tests.

1986 c42 Sch D rule 35.01

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Report of court expert

35.02. (1) The court expert shall send his or her report to the Court, together with such number of copies thereof as the Court may direct, and the Registrar shall send copies of the report to the parties or their solicitors.

             (2)  The Court may direct the court expert to make a further or supplemental report.

             (3)  Any part of a court expert's report that is not accepted by all the parties shall be treated as information furnished to the Court and be given such weight as the Court thinks fit.

1986 c42 Sch D rule 35.02

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Cross-examination of court expert

35.03. A party may, within ten days after receiving a copy of the court expert's report or within such further time as the Court directs, apply to the Court for leave to cross-examine the expert on his or her report, and the Court shall make an order for the cross-examination of the expert by any of the parties before or at the trial or hearing upon such terms as it thinks just.

1986 c42 Sch D rule 35.03

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Remuneration of court expert

35.04. (1) The remuneration of a court expert shall be fixed by the Court and shall include a fee for his or her report and a proper sum for each day during which the court expert is required to be present in Court.

             (2)  Without prejudice to any order providing for payment of a court expert's remuneration as part of the costs, the parties shall be jointly and severally liable to pay the amount fixed by the Court for his or her remuneration, but where the appointment of a court expert is opposed, the Court may, as a condition of making the appointment, require the party applying for the appointment to give such security for the remuneration of the expert as the Court thinks fit.

1986 c42 Sch D rule 35.04

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Calling of expert witnesses

35.05. Where a court expert is appointed, any party may, on giving reasonable notice to the other parties, call one expert witness to give evidence on any question reported on by the court expert but no party may call more than one such witness without the leave of the Court.

1986 c42 Sch D rule 35.05