Ontario civil | Evidence | Opinion | Experts
Wife brought application to set aside separation agreement . Both parties hired experts to value business . Voir dire was held to determine admissibility of husband’s expert witness . Evidence was inadmissible. There was no mention of business valuation, which was omission that called into question relevance and reliability of report in relation to purpose for which was being offered. Text of report itself suggested that it may well have been prepared for reasons that did not include valuing husband’s business. When read together with subsequent sections of report that disclosed cash flow projections for business as far out as year 2020, these statements suggest that primary purpose of report was to prepare annual cash flow statements and schedules of available income for support purposes. Expert’s remarks were more akin to business analysis or strategic plan than business valuation report.
Laderoute v. Heffernan (2019), 2019 CarswellOnt 2307, 2019 ONSC 914, D. Summers J. (Ont. S.C.J.).
