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Canada Case Law

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Tort 2020 BCSC 51

Bryce v. Rala Investments Ltd.

The court admitted an expert mortgage-broker report only for a narrow standard-of-care opinion and excluded the rest as improper legal conclusions.

  • Admissibility of expert evidence
  • Expert evidence gatekeeping
  • Standard of care for mortgage brokers
  • Duty to obtain or advise on appraisal/letter of transmittal
  • Usurpation of judicial function
  • Expert-evidence
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Civil litigation 2019 ONCA 402

Gopie v. Ramcharran

The appeal is dismissed because the trial judge did not err in allowing the defence to test the plaintiff's character after the plaintiff opened the issue; any improper remark by a defence psychiatrist was not relied upon in the charge and did not warrant a new trial; the jury was properly and clearly instructed on causation and the differing standard for future damages; the trial judge properly exercised gatekeeping on experts and on admissibility of medical opinions in records; and the trial judge's costs order was not plainly wrong.

  • Expert evidence gatekeeping
  • Credibility and character evidence
  • Jury charge on causation
  • Standard of proof for future damages
  • Business records and medical opinions
  • Offers to settle and costs consequences
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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.