Court Appointed Experts
 52.03 (1) On motion by a party or on his or her own initiative, a judge may, at any time, appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in the action.  R.R.O. 1990, Reg. 194, r. 52.03 (1); O. Reg. 536/18, s. 1. (2) The expert shall be named by the judge and, where possible, shall be an expert agreed on by the parties.  R.R.O. 1990, Reg. 194, r. 52.03 (2). Contents of Order Appointing Expert (3) The order shall contain the instructions to be given to the expert and the judge may make such further orders as he or she considers necessary to enable the expert to carry out the instructions, including, on motion by a party, an order for, (a) inspection of property under Rule 32; or (b) the physical or mental examination of a party under section 105 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 52.03 (3). Remuneration of Expert (4) The remuneration of an expert shall be fixed by the judge who appoints the expert, and shall include a fee for the expert’s report and an appropriate sum for each day that attendance at the trial is required.  R.R.O. 1990, Reg. 194, r. 52.03 (4). (5) The responsibility of the parties for payment of the remuneration of an expert shall be determined in the first instance by the judge.  R.R.O. 1990, Reg. 194, r. 52.03 (5). (6) Where a motion by a party for the appointment of an expert is opposed, the judge may, as a condition of making the appointment, require the party seeking the appointment to give such security for the remuneration of the expert as is just.  R.R.O. 1990, Reg. 194, r. 52.03 (6). Report (7) The expert shall prepare a report and send it to the registrar and the registrar shall send a copy of the report to every party.  R.R.O. 1990, Reg. 194, r. 52.03 (7). (8) The report shall be filed as evidence at the trial of the action unless the trial judge orders otherwise.  R.R.O. 1990, Reg. 194, r. 52.03 (8). (9) The judge may direct the expert to make a further or supplementary report, and subrules (7) and (8) apply to that report.  R.R.O. 1990, Reg. 194, r. 52.03 (9). Cross-examination of Expert (10) Any party may cross-examine the expert at the trial.  R.R.O. 1990, Reg. 194, r. 52.03 (10). Liability of Parties for Remuneration of Expert (11) The liability of the parties for payment of the remuneration of the expert shall be determined by the trial judge at the end of the trial, and a party who has paid the expert in accordance with a determination under subrule (5), if not the party determined to be liable for payment under this subrule, shall be indemnified by the party determined to be liable.  R.R.O. 1990, Reg. 194, r. 52.03 (11). Exhibits Marking and Numbering 52.04 (1) Exhibits shall be marked and numbered consecutively, and the registrar attending the trial shall make a list of the exhibits, giving a description of each exhibit, and stating by whom it was put in evidence and, where the person who produced it is not a party or a party’s lawyer, the name of that person.  R.R.O. 1990, Reg. 194, r. 52.04 (1); O. Reg. 575/07, s. 1. Return of Exhibits (2) At any time following the trial judgment, on requisition by the lawyer or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties represented at the trial, the registrar may return the exhibit to the person making the requisition.  R.R.O. 1990, Reg. 194, r. 52.04 (2); O. Reg. 575/07, s. 1. (3) Subject to subrule (2), the exhibits shall remain in the possession of the registrar or the registrar of the court to which an appeal is taken, (a) until the time for an appeal has expired; or (b) where an appeal has been taken, until it has been disposed of.  R.R.O. 1990, Reg. 194, r. 52.04 (3). (4) On the expiration of the time for appeal or on the disposition of the appeal, the registrar on his or her own initiative shall return the exhibits to the respective lawyers or parties who put the exhibits in evidence at the trial.  R.R.O. 1990, Reg. 194, r. 52.04 (4); O. Reg. 575/07, s. 2.