Is preliminary expert evidence admissible in a motion for certification?

British Columbia, Canada


The following excerpt is from Koubi v. Mazda Canada Inc., 2010 BCSC 650 (CanLII):

… However, where expert evidence is produced on a motion for certification, the nature and amount of investigation and testing required to provide a basis for a preliminary opinion will not be as extensive as would be required for an opinion to be given at trial. It follows that some lesser level of scrutiny is applied to the opinions offered, if they are otherwise admissible: Stewart v. General Motors of Canada Ltd., [2007] O.J. No. 2319 at para.19 (Sup.Ct).

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