Is a plaintiff required to lead expert evidence to overcome a no evidence motion?

British Columbia, Canada


The following excerpt is from Trout v. MacEwen, 2011 BCPC 266 (CanLII):

The defendants further argue that another way of approaching the consideration for expert evidence was stated in Edgar v. British Columbia, supra, at paragraph 7 (relying on Seiler v. Mutual Fire Insurance Co. of British Columbia, supra, at paragraphs 16, 17, and 38): ... where a lay person cannot draw inferences as to the standard of care and causation as a matter of common knowledge, the plaintiff is required to lead expert evidence on such issues in order to overcome a no evidence motion.

As was stated by our Court of Appeal in Roberge v. Huberman at paragraph 56: There may be cases in which the issue as to standard of duty turns so much on the question of "appropriate documentation" that only lawyers practising in the particular field can throw light on the question. Evidence of that kind is undoubtedly useful in some cases, most commonly where the issues involve abstruse questions of conveyancing practice.

Other Questions


What is the difference between a no evidence motion and an insufficient evidence motion? (British Columbia, Canada)
Is a plaintiff required to tender expert evidence on the standard of care? (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)
Is preliminary expert evidence admissible in a motion for certification? (British Columbia, Canada)
What is the standard of expert evidence required for PDGV's work? (British Columbia, Canada)
In a medical malpractice case, is expert evidence required to assist the trier of fact's comprehension of technical considerations outside of scope of ordinary knowledge or experience? (British Columbia, Canada)
How much evidence will be required by a plaintiff to prove their case on the issue of causation? (British Columbia, Canada)
What is the standard of professional competence required to produce expert evidence in a medical malpractice case? (British Columbia, Canada)
What is the difference between expert evidence for which notice is required to be given? (British Columbia, Canada)
What is the test for requiring expert evidence to prove deficient work? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.