Westerhof v. Gee (Estate), 2015 ONCA 206 – The decision of the Ontario Court of Appeal in Westerhof v. The Estate of Gee, derives from two claims for damages with respect to injuries sustained in motor vehicle accidents. In each case the defendant admitted liability and the court was tasked with determining causation and the quantum of damages. Specifically, the Westerhof appeal raised the question of to what extent does Rule 53.03 apply to experts engaged by or on behalf of a party to provide their opinion evidence and questions if the rule should be interpreted more broadly, allowing witnesses with special expertise to present their opinions as evidence even if they have not been officially retained to do so.

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