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The court admitted Dr. Evans’ expert evidence on drill and rap music, but only within narrow limits and without allowing him to interpret the actual lyrics or jail calls.
The Court of Appeal affirmed the application judge: the FIT Program component of the Global Adjustment is a valid regulatory charge within provincial power over electricity, its pith and substance concerned procurement and regulation of renewable energy (with environmental, planning and Indigenous/community participation objectives reasonably related to the regulatory scheme), the appellant failed to show colourability or that the levy was a tax, the application judge’s reasons were sufficient, evidentiary rulings were proper and two appellant experts displayed entrenched bias; appeal dismiss…
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The court held that the plaintiffs’ late objection to the Tretheway Report was not permitted, and admitted the report despite concerns about underlying data and authorship.
The court admitted Langley Evans as an expert because he met the Mohan thresholds — his proposed evidence was logically relevant and necessary, no exclusionary rule applied, and he was a properly qualified expert by education and extensive regulatory experience; challenges to his methodology and alleged partiality were insufficient to demonstrate inability or unwillingness to fulfill the expert's duty to the court and therefore go to weight, not admissibility, and the cost-benefit analysis favoured admission (especially in a judge-alone trial).
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The court granted the defendants’ application for a neurologist IME, holding the plaintiff’s subjective distrust of Dr. Dost was unsupported by evidence.
An expert's prior connection to an investigation does not per se disqualify them; admissibility depends on context and usually impacts weight rather than admissibility, and here Deverteuil's factual tracing evidence was admissible while any limited opinion evidence was inconsequential; the Rowbotham application was properly dismissed because the appellant failed to demonstrate lack of means due to non-disclosure; the conviction was supported by overwhelming evidence of fraud and is upheld.
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On interim review the Court retained sole custody with the mother and denied any access to the father at this time because the childrens' best interests require protection from a parent who has demonstrated volatile, impulsive and unpredictable behaviour, lacks insight into the impact of his actions, and who had not established stable, supervised medical and psychiatric management; access may be gradually reintroduced only after the father engages in and demonstrates progress in prescribed psychiatric treatment, medication management, and cognitive behavioural therapy including anger manageme…
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The court ordered Sun Life to answer interrogatories about Dr. Kokan’s IMEs and permanent-disability findings, holding the aggregate data relevant and non-privileged.
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