The case CNOOC Petroleum North America ULC v. 801 Seventh Inc. (2023 ABKB 214) involves a legal dispute in the Court of King's Bench of Alberta. Here are the key points of the mid-trial ruling issued by Justice P.R. Jeffrey:

• Expert Evidence Challenge:

  • CNOOC objected to portions of the expert testimony presented by 801 Seventh Inc., specifically by Drs. Lee and Sanchez.
  • CNOOC argued that certain parts of their evidence exceeded their qualifications (overreach) or duplicated testimony already provided by other experts (overlap).

• Overreach:

  • The court examined whether the experts stayed within their qualified areas, specifically asbestos characterization and fiber release.
  • Some portions of the testimony were found to overstep their expertise, such as opining on the building's overall safety, which was excluded.

• Overlap:

  • CNOOC claimed that some expert testimony overlapped with other evidence, risking redundancy.
  • The court found some overlap permissible due to the complexity of the case and the distinct perspectives of each expert.

• Rulings on Specific Testimony:

  • Testimony regarding asbestos removal by WR Grace & Company was allowed.
  • Statements about the building being "safe" were excluded as outside the experts' scope.
  • Testimony about asbestos concentrations and fiber shedding was allowed with limitations.
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• The document primarily discusses mid-trial rulings on expert evidence. It does not detail the final judgment, successful party, any damage awards, or cost orders.