What is the legal test for obtaining expert evidence from a fence installer to determine that a cedar fence should be installed level and stable so that its panels do not lean obviously into the yard?
British Columbia, Canada
The following excerpt is from Brar v. Williams, 2021 BCCRT 628 (CanLII):
19. Generally, when an issue is outside the knowledge of an ordinary person, expert evidence is required (see Bergen v. Guliker, 2015 BCCA 283). The respondents did not provide expert evidence, such as from another fencing installer. However, I find it is within ordinary knowledge that a cedar fence should be installed level and stable so that its panels do not lean obviously into the yard.
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