What is the current state of the law on the review by experts of examination for discovery evidence?

British Columbia, Canada


The following excerpt is from Edwards v Parkinson’s Heating Ltd., 2018 BCSC 593 (CanLII):

As defence counsel notes in his written argument, the courts in this province have expressed approval of the review by experts of examination for discovery evidence on more than on one occasion. For example, in Benek v. Pugash, 2004 BCSC 1257, [2004] B.C.J. No. 1979 the plaintiff objected to the inclusion of an attachment to the report of the two defendant's expert reports of factual assumptions which included quotes from and references to the defendant's examination for discovery transcript.

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