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The proper application of the new Rules of Civil Procedure (the Rules) on expert evidence is a matter of some controversy at the moment, reflected by ...
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The rules of civil procedure for courts in some provinces have recently been amended to add specific reporting and certification requirements to be used in submitting expert opinion evidence for the courts. These amendments themselves do not amend the Standards published by the Appraisal Institute of Canada. Generally speaking, the Standards establish minimum reporting requirements and ethical rules. Therefore, the court's own rules amendments are supplemental reporting and ethical obligations to the Standards. Rules not adopted in all provinces may soon be coming to your local courtroom. Therefore, when acting as an expert it is important to know the rules you must work within to ensure your opinions are accepted and relied upon by the courts.
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Introduction
On January 1, 2010 significant amendments were made to the Ontario Rules of Civil Procedure (the "Rules"). The amendments were made on...
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... discovery of each class member -- Alberta Rules of Court, Alta. Reg. 390/68, Rule 42. L and W, tog... to settle the rules of practice and procedure as to disputes brought before them. Class actions ...Reg. 390/68, rr. 42, 129, 187, 201. Civil Procedure Rules 1998 (U.K.), SI 1998/3132, rr. 19....
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The first part of the updates on being an expert witness is presented. By nature, appraisers are experts on a number of topics. Many appraisers make a decent living on providing evidence in Canadian courts. Recently, Ontario has changed its Rules of Civil Procedure to provide for the more complicated and particular role of experts in litigation matters. While this article largely pertains to the law of Ontario and experts, it has relevance in the other common law provinces of Canada as well as in Quebec, as the law sets out basic standards that should be employed by appraisers in their work. The new rules pertaining to civil procedure and experts came into effect in Ontario on Jan 1, 2010. The Supreme Court of Canada has provided that courts should only allow an expert to provide opinio...
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...Rules Governing Arbitrators Contracts of Employment VI B...Duties of the Tax Court Judge IX CIVIL PROCEEDINGS Conflict of Laws Jurisdictional Concer... Fairness XI CRIMINAL LAW Criminal Procedure Disclosure Offences Decisions i. Trial Judge's Rea...
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... drawbacks of preclusion, especially of the rules of cause of action estoppel. The article challenge... deroulement des litiges, y compris les procedures excessives lors de l'action initiale. De plus, la ...
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... Changes in procedural rules have given rise to a dramatic increase in private ... may also be based on the general rules of civil liability (article 1457 of the Civil Code), and th... Private action procedure. 7. May litigation be funded by third parties? A...
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... of summary judgment is governed by rules 213 to 219 of the Federal Courts Rules , SOR/98-10... by the adoption of a summary trial procedure. [17] The purpose of summary judgement rules is to... than Rule 20 of the Ontario Rules of Civil Procedure) (Patrick);. 6. on the whole of the evid...
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... action against seller - Article of book of Civil Code on private international law providing that Q... contains foreign element that renders rules on international jurisdiction of Quebec authoritie... arbitration clause - Code of Civil Procedure, R.S.Q., c. C-25, arts. 940.1, 943. Contracts - Co...