Bernard v. Thibideau

Bernard v. Thibideau

Because a Notice of Trial was filed on November 20, 2008 and expert reports were delivered/identified prior to January 1, 2009, CPR (2009) 92.04(g) mandates that outstanding steps respecting delivery of expert reports and consequential expert evidence be completed under the former rules; accordingly CPR (1972) 31.08...

Source-derived case information.

Citation
2011 NSSC 395
Parties
Plaintiff: Ruth Ann Bernard; Defendant: Charles L. Thibideau
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 October 2011
Procedural Posture
Personal Injury Negligence (motor Vehicle) / Pre Trial Hearing Re Applicability of Civil Procedure Rules (expert Evidence) Prior to Jury Trial
Outcome
Court ruled that Civil Procedure Rules (1972) 31.08 applies to expert opinion evidence at trial; declined to apply CPR (2009) 55; no order for costs
Legal Topics
Transitional Application of Procedural Rules, Expert Witness Testimony, Statutory Interpretation of Rules, Trial Management
Source Language
english
Civil Procedure Evidence Expert Evidence Personal Injury Transitional Application of Procedural Rules Expert Witness Testimony Statutory Interpretation of Rules Trial Management

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Parties

Ruth Ann Bernard

Plaintiff

Charles L. Thibideau

Defendant

Procedural Posture

Personal Injury Negligence (motor Vehicle) / Pre Trial Hearing Re Applicability of Civil Procedure Rules (expert Evidence) Prior to Jury Trial

Legal Issues

  1. 1 Whether Civil Procedure Rules (1972) 31.08 or Civil Procedure Rules (2009) 55 governs expert testimony at trial
  2. 2 Whether the phrase 'delivery of an expert's report' in CPR (2009) 92.04(g) includes expert testimony at trial
  3. 3 Whether the court should exercise discretion to apply 2009 Rules despite transitional provisions

Ratio Decidendi

Because a Notice of Trial was filed on November 20, 2008 and expert reports were delivered/identified prior to January 1, 2009, CPR (2009) 92.04(g) mandates that outstanding steps respecting delivery of expert reports and consequential expert evidence be completed under the former rules; accordingly CPR (1972) 31.08 governs expert opinion evidence at this trial and the court will not exercise its discretion to apply CPR (2009) 55.

Court Disposition

Court ruled that Civil Procedure Rules (1972) 31.08 applies to expert opinion evidence at trial; declined to apply CPR (2009) 55; no order for costs

Orders

  • Civil Procedure Rule (1972) 31.08 applies to evidence of all witnesses who could testify as expert witnesses in this trial
  • Parties may request leave to call their own expert witnesses in direct to explain technical terms or concepts to assist the jury