Can expert rebuttal evidence be given in the absence of a written opinion?
British Columbia, Canada
The following excerpt is from Mayenburg v. Lu, 2009 BCSC 1308 (CanLII):
It has been held that under Rule 40A expert rebuttal evidence may be given in the absence of an advance written opinion: see, for example, Kelly v. Kelly, 20 B.C.L.R. (3d) 232. However, I think this must be subject to some control by the trial judge on the grounds of fairness and prejudice to the opposing party. This is especially so in a Rule 68 trial which emphasizes advance disclosure.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the parole evidence rule prevent extrinsic evidence from adding to, varying, contradicting or subtracting from the written contract? (British Columbia, Canada)
What is the test for admissibility of expert opinion evidence in a civil matter? (British Columbia, Canada)
What is the difference between expert evidence for which notice is required to be given? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
Can an opinion or opinion be excluded from evidence at trial? (British Columbia, Canada)
What is the test for an expert's opinion that in law a conclusion based on an opinion not reasonably supported by facts is patently unreasonable? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
What are some cases where a defendant has been ordered to pay special costs for adduced expert opinion evidence? (British Columbia, Canada)
What is the most obvious case in which a court may find a breach of the standard of care in the absence of expert evidence? (British Columbia, Canada)
Is hearsay evidence admissible to support an expert's opinion? (British Columbia, Canada)
