What is the current state of the law on the issue of joint experts on financial matters in a family action?

British Columbia, Canada


The following excerpt is from Janis v. Janis, 2013 BCSC 116 (CanLII):

The issue of joint experts on financial matters in family actions is dealt with by Family Rules 13-3, 13-4, 13-5, 13-6 and 13-7. Briefly stated, Rule 13-3 provides that if there is to be expert evidence tendered at trial on a financial matter, it must be tendered by way of a joint expert unless otherwise ordered by the court. This requirement was fully canvassed by N. Smith J. in the case of Aquilini v. Aquilini, 2012 BCSC 1616. In that decision, at paras. 9 and 10, Smith J. highlighted the difference between the civil and family rule provisions regarding experts and the policy behind that difference as follows;

Other Questions


When will a court apportion costs in a mixed issue family matter between maintenance and support matters and custody and property issues? (British Columbia, Canada)
What is the current state of the law on s. 15(1) of the BC Family Law Act, allowing the court to order an investigation into a family matter? (British Columbia, Canada)
Can a party to a medical malpractice action be required to give an expert opinion on matters directly connected with the issues raised at trial? (British Columbia, Canada)
What is the test for using a jointly appointed expert in a family matter? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
What is the current state of the law in this province when it comes to family law? (British Columbia, Canada)
What is the current state of the law on costs in family litigation? (British Columbia, Canada)
What is the current state of the law in Canada on the issue of differential treatment between male and female security guards? (British Columbia, Canada)
What is the current state of the law on the issue of "reasonableness" under a percentage fee agreement? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.