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Canada Case Law

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Civil procedure 2016 BCSC 232

Johal v. Radek

The court dismissed a defence application for a pre-trial video deposition of an expert, finding no direct evidence of unavailability and preferring trial video testimony.

  • Video deposition
  • Videoconferencing
  • Expert availability
  • Trial attendance
  • Rule 7-8(3)
  • Video-deposition
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Civil procedure 2012 BCSC 1250

First Majestic Silver Corp. v. Davila

Rule 11-6(8) must be given effect: materials must relate to the preparation of the opinion to be producible; notes made by defence experts during plaintiffs' expert evidence did not relate to preparation and are not required to be produced, but time data/timesheets reflecting work spent preparing the expert reports are within the rule and must be produced regardless of where or how they are stored.

  • Expert file disclosure
  • Litigation privilege
  • Interpretation of court rules
  • Time records/timesheets
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Evidence 2012 BCSC 995

R. v. Sanghera

Court held Detective Constable Sangha could testify about general urban street jargon, but not as an expert translator or interpreter of Punjabi-English intercepted calls.

  • Expert admissibility
  • Mohan criteria
  • Qualification by experience
  • Limits on expert evidence
  • Language translation qualifications
  • Urban street jargon
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Family law 2011 BCSC 1774

T.L.M. v. L.V.M.,

The court refused to make a final custody order on summary trial, kept the existing interim custody arrangement with the father, and set an expedited trial for further evidence.

  • Custody and residence
  • Summary trial (family rule 11-3)
  • S.15 report / views of the child
  • Cross-examination of expert
  • Interim custody
  • Adjournment
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Civil procedure 2010 NSSC 170

MacIntyre v. Cape Breton District Health Authority

The court applied the 2009 Civil Procedure Rules to this pre-2009 action, used the 1989 Tariff A as the baseline but exercised discretion to depart from tariff because tariff-based quantification would be excessive, awarded lump sum party-and-party costs of CAD 300,000 to the defendant, reduced the claimed US expert fee for Dr. Parent to USD 35,000, allowed other disbursements totalling CAD 24,279.88 and USD 50,869.06, and ordered no GST on the costs award.

  • Costs assessment
  • Tariff application vs lump sum
  • Application of civil procedure rules (2009) to pre-2009 actions
  • Offer to settle consequences (rule 10.09)
  • Reasonableness of expert witness disbursements
  • Gst on costs
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Civil procedure 2009 BCSC 570

Andersen Enterprises Ltd. v. Kerrisdale Plaza Projects Ltd.

The court held the Strata Owners could not retain an expert previously consulted by the plaintiff because the prior retainer involved confidential information and litigation strategy.

  • Expert retention
  • Conflict of interest
  • Confidentiality of expert opinion
  • Subsidence damage
  • Expert-witnesses
  • Confidentiality
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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.