In what circumstances will Rule 40A be complied with if a statement sought to be admitted as an expert opinion?
British Columbia, Canada
The following excerpt is from Egli et al v. Egli et al, 2003 BCSC 1716 (CanLII):
Nothing in Ares v. Venner detracts from the usual rule that Rule 40A must be complied with if the statement sought to be admitted is found to be an expert opinion. Ares v. Venner permits in limited circumstances the introduction of certain types of opinions as proof of a fact. In my view it is only limited types of opinions, more in the nature of observations, which fall into the Ares v. Venner exception, and outside the ambit of Rule 40A.
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