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The court admitted an immigration-law expert report and qualified Deanna Okun-Nachoff on a narrowed basis for a Charter voir dire in R. v. Boule.
The appeal is dismissed because the Federal Court judge did not err in finding the expert affidavit inadmissible: Dr. Herndon was not shown to be a properly qualified expert, his opinions lacked relevance and reliable methodology for the pleaded issues, and the affidavit failed the threshold admissibility requirements under White Burgess and Rule 52.2; no palpable and overriding error in the exercise of discretion was demonstrated.
Source excerpt
The court refused to admit Stephen Cousins’ affidavit, finding most of it irrelevant or unnecessary expert evidence and not suitable for the support variation hearing.
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