This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

The numbered company 10565 Newfoundland Inc. owned a hotel property in Happy Valley-Goose Bay, not far from a federal air force base that had been in use since the 1940s. Oil contamination from the base had migrated onto the numbered company’s property, making it difficult for the company to expand its business as it wished. The company sued the Crown, and during the trial some issues arose that required separate judgments from the Court.

One of these issues was an objection that the Attorney General of Canada made to a line of questioning that counsel for the numbered company used in the courtroom. When the numbered company’s first witness was on the stand, counsel asked him to provide an opinion about something that had not been addressed in his expert report. After considering the legal rules that regulate the evidence and opinions that can be given by expert witnesses, the Court held that the witness should file an updated report and be examined for discovery, and that the Attorney General would also be entitled to provide supplementary evidence from its own expert.

To read about this case at a pre-trial stage, go to 10565 Newfoundland Inc. v. Canada (Attorney General), 2015 CanLII 13905 (NL SCTD). To read about other stages of the trial, go to 10565 Nfld. Inc. v. Canada (A.G.), 2015 CanLII 77563 (NL SCTD) and 10565 Nfld. Inc. v. Canada (Attorney General), 2017 CanLII 25468 (NL SCTD).