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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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Evidence 2002 BCSC 1532

Murray v. Galuska

The court excluded a proposed expert opinion because it usurped the judge’s role, went beyond the expert’s expertise, and was argument in the guise of evidence.

  • Expert evidence admissibility
  • Usurpation of judicial function
  • Malicious prosecution (reasonable and probable cause)
  • Mohan criteria
  • Exclusionary rules for experts
  • Expert-evidence-admissibility
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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.