What is the test for adduceing evidence in a personal injury trial?
British Columbia, Canada
The following excerpt is from Carnival Corporation v Vancouver Fraser Port Authority, 2021 BCSC 643 (CanLII):
In Beazley v. Suzuki Motor Corporation, 2009 BCSC 1575 at para. 29, Goepel J. (as he then was) observed that this rule (then R. 40(4)) is discretionary, and the court must consider matters of trial fairness and potential prejudice to the parties. In view of the authorities, I will address trial fairness and potential prejudice under the following heads: possible unfairness to the examining party through the appropriation of its questioning; whether the transcript on its face presents a fair portrait of the witness’ evidence bearing on the issues at hand; and whether the party seeking to adduce the evidence is responsible for the unavailability of the witness to testify.
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