- Home
- Books and Journals
- Irwin Law: The Law of Evidence (Sixth Edition)
- Chapter 6 - Opinion and Expert Evidence
8. Special Statutory Provisions
Author | David M. Paciocco - Lee Stuesser |
Profession | Justice of the Ontario Court of Justice - Professor of Law, Bond University |
Pages | 215-216 |
Page 215
A number of sections relating to expert evidence are contained in the various provincial Evidence Acts. Two kinds of provision are of particular importance. The first imposes limits on the number of experts who can be called without leave of the court. The number who can be called as of right varies between three182and five183for those jurisdictions limiting the number of experts. The sections are obviously intended to keep trials from degenerating into contests between experts, judged according to who can produce the most.
Page 216
The second kind of provision permits reports by certain experts to be filed with the court without the need to call the expert. Some of these provisions apply to any kind of expert,184while others are confined to qualified medical practitioners.185These sections provide notice and disclosure requirements and give the opposing party the right to insist that the expert be produced for cross-examination. If a party calls an expert where a report would have sufficed, most of these sections provide expressly that an order for costs can be made against that party.
In criminal cases, certificates of analysis conducted by experts relating to blood and breath samples in alcohol driving cases,186or the analysis of narcotics,187are admissible without the need to call the expert. In each case leave of the court is needed to compel the attendance of the expert for cross-examination. Section 657.3 of the Criminal Code permits expert reports, supported by affidavit, to be admitted on any issue in lieu of calling the witness, although the court retains the discretion to require the witness to testify in chief or to be cross-examined. The provisions also impose notice and disclosure obligations relating to expert reports, including on the accused, although for reasons having to do with the principle of a case to meet188while the Crown must give disclosure within a "reasonable period before trial," the accused need not furnish the actual expert report until the close of the Crown case. It has been held that there is no authority under section 657.3 to exclude expert evidence for non-compliance. 189
[182] Alberta Evidence Act, s. 10; Manitoba Evidence Act, s. 25, New Brunswick, Evidence Act, s. 23; Northwest Territories, Evidence Act, s. 10; Ontario, Evidence Act, s. 12; Yukon Territory, Evidence Act, s. 9.
[183] Saskatchewan, The Evidence Act, s. 48.
[184] British Columbia, Evidence Act, s. 10; New Brunswick...
To continue reading
Request your trial- Irwin Law: The Law of Evidence (Sixth Edition)
- Chapter 6 - Opinion and expert evidence
- 1. The General Exclusionary Rule and its Exceptions
- 2. Lay Witnesses
- 3. The Ultimate Issue Rule
- 4. Expert Witnesses
- 5. Novel and Challenged Science
- 6. The Presentation and Evaluation of Expert Evidence
- 7. The Use of Written Authorities to Examine and Cross-examine the Expert
- 8. Special Statutory Provisions
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.