Can a plaintiff exclude a report from an engineer on the basis that it is not relevant or necessary?
British Columbia, Canada
The following excerpt is from Sielsky v Monaghan, 2019 BCSC 974 (CanLII):
Counsel for the plaintiff cites Cameron v. Savory, 2008 BCSC 1633, in which the plaintiff applied to exclude a report from an engineer on the basis that it was neither relevant nor necessary. Counsel placed particular reliance on Justice Cole’s observation at para. 10: The defendant says that the change in speed is a factor that I can consider when determining the injuries suffered by the plaintiff. However, without medical evidence as to the effect of the change in speed, this information is not of assistance.
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