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Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Personal injury 2023 BCSC 1741

Pepper v. MacDonald Estate

The court ordered the plaintiff to attend a vocational assessment, finding it necessary and proportionate to address earning-capacity issues distinct from prior defence testing.

  • Independent medical examination
  • Vocational assessment
  • Rule 7-6 scr
  • Expert evidence duplication/bolstering
  • Proportionality
  • Mitigation
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Class actions 2023 BCSC 797

Dussiaume v. Sandoz Canada Inc.

The court held Dr. Keith Reutter’s affidavit inadmissible on a certification application, finding he lacked relevant expertise, independence, and reliable survey methodology.

  • Admissibility of expert opinion
  • Survey evidence reliability and validity
  • Gatekeeping role of the court
  • Qualifications and independence of experts
  • Psychological/mental injury causation
  • Expert-evidence
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Criminal law 2017 NSSC 259

R. v. Garnier

Dr. Moore is permitted to give opinion evidence limited to the psychology of memory (the nine specified memory‑related topics) because that evidence is logically relevant, necessary and can be presented impartially; he is not permitted to give opinion evidence about police interrogation techniques (including the Reid Technique) nor to opine on the ultimate reliability, voluntariness or truthfulness of Mr. Garnier’s statement, and his report is excluded because it crosses into advocacy, lacks sufficient foundation on interrogation science, and risks usurping the trier of fact.

  • Voluntariness of confession
  • False confessions
  • Reid technique
  • Admissibility of expert evidence
  • Memory reliability
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Civil procedure 2017 BCSC 1090

HSL Investments Ltd. v. 1027023 B.C. Ltd.

The court dismissed an application to strike a contract claim after the plaintiff sued opposing experts in Small Claims Court. No wilful contempt or serious prejudice was proven.

  • Striking pleadings
  • Contempt
  • Witness immunity
  • Cross-examination of experts
  • Litigation privilege / implied undertaking
  • Costs
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Evidence 2015 SCC 23

White Burgess Langille Inman v. Abbott and Haliburton Co.

The Supreme Court of Canada held that expert independence and impartiality can affect admissibility, but exclusion should occur only in clear cases of inability or unwillingness to assist the court.

  • Admissibility of expert evidence
  • Duty of expert to the court
  • Independence and impartiality of experts
  • Mohan test; gatekeeping; summary judgment
  • Expert-evidence
  • Expert-witness-duty
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Costs 2014 NSSC 340

Matheson v. CIBC Wood Gundy

Travel disbursement allowed because applicants established special and unique justification (counsel's longstanding involvement and specialized knowledge of the EEM error and related proceedings) making local counsel inappropriate; expert disbursements were reasonable at time retained but reduced by 25% to account for mixed success and limited utility of parts of the expert's evidence.

  • Recovery of disbursements
  • Travel expenses for counsel
  • Expert witness fees
  • Reasonableness of disbursements
  • Trial venue
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Criminal law 2013 BCSC 2286

R. v. D.D.

The court allowed a post-conviction application to reopen the defence case for fresh expert evidence and set aside the conviction, but declined to order a mistrial.

  • Re-opening defence case
  • Fresh evidence
  • Due diligence
  • Expert witness qualifications
  • Mistrial
  • Apprehension of bias
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Criminal law 2008 BCSC 920

R. v. Violette

The court held that expert evidence on the Hells Angels’ nature and criminal purpose was admissible, but barred an opinion that all members commit crime.

  • Admissibility of expert evidence
  • Criminal organization offence
  • Hearsay in expert opinion
  • Propensity/bad character evidence
  • Ultimate issue rule
  • Jury instructions on expert and propensity evidence
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Evidence 2007 BCSC 899

Keefer Laundry Ltd. v. Pellerin Milnor Corporation

Ruling on admissibility of expert reports about rust in laundry equipment: the first and third reports were admitted with limits, while the second was excluded.

  • Admissibility of expert evidence
  • Scope of expert opinion
  • Mohan criteria
  • Response evidence to opposing expert
  • Use of discovery by experts
  • Expert-evidence
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Civil procedure 2006 BCCA 79

Li (Guardian ad litem of) v. Sandhu

The Court of Appeal held Rule 28 did not permit examination of the appellant’s retained psychiatrist to obtain a revised opinion using surveillance evidence already in the respondents’ possession.

  • Rule 28 examinations
  • Pre-trial discovery
  • Settlement rescission
  • Surveillance evidence
  • Expert opinion
  • Rule-28-examinations
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.