Does a court have to admit evidence from an expert who he found was "proffered from a position of impartiality"?
British Columbia, Canada
The following excerpt is from Northwest Mettech Corp. v. Metcon Services Ltd., 1997 CanLII 4332 (BC SC):
Mr. Justice Lowry in Hart v. Cooper (1994), 2 E.T.R. (2d) 168 similarly admitted evidence from an expert who he found to have an opinion not "proffered from a position of impartiality". Lowry J. found that "the weight to be afforded his opinion has been significantly impaired". Neither Lowry J. nor Hood J. mentioned Section 3 of the Evidence Act, R.S.B.C. 1996, c. 124 which reads: A person is not incompetent to give evidence only because of interest ...
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