BC Supreme Court Addresses Scope of Expert Witness Cross Examination
Reasons for judgement were released today addressing the permissible scope of Cross Examination of an expert witness in a BC Injury Claim.
In today’s case (MacEachern v. Rennie) the Defendants called a physician to give expert opinion evidence. This physician happened to be a treating doctor of the Plaintiff’s prior to her injuries. While testifying the doctor was taken through his clinical records by defence counsel on an entry by entry basis. The doctor was asked what happened on each of those clinic visits and in canvassing this the doctor gave evidence about the prognosis and treatment of Hepatitis C (which is an area the doctor apparently was not called to address).
The Plaintiff then wished to cross examine the doctor about treatments and the prognosis for Hepatitis C. The Defence lawyer objected to this on the basis that such a cross examination would “call for new opinion that are not admissible since the Plaintiff has not served the defendants with notice of those opinion“.
Mr. Justice Ehrcke swiftly rejected the Defendant’s objections noting that they could not restrict the cross examination on a topic which they chose to ask the doctor about in direct. Specifically Mr. Justice Ehrcke noted as follows:
 With respect to the first point, the CN Defendants argue that the notice which they served on the plaintiff in connection with Dr. Glynn-Morris contains only treatment opinions and does not touch on the area of the plaintiff’s Hepatitis C. This argument misses the mark. The plaintiff is entitled to respond to all the opinion evidence led by the CN Defendants, not just that which was contained in the written statement of Dr. Glynn-Morris’ opinion. It was counsel for the CN Defendants who chose in direct-examination to ask Dr. Glynn-Morris about testing of the plaintiff for Hepatitis C. It was in direct-examination that Dr. Glynn-Morris opined that in 30 percent of people, Hepatitis C cures itself and disappears, and that he ordered a test to see if that is what had happened in Ms. MacEachern’s case. Having opened up that area in examination-in-chief, the CN Defendants cannot now restrict the plaintiff’s cross-examination about it simply on the ground that it was not covered in the written statement that they had delivered to the plaintiff.
 In any event, the proposed evidence is also truly responsive as a rebuttal to the opinion of another expert witness called by the CN defendants, Dr. Baker, whose report entered at Tab 1 of Exhibit 61 states:
I note Ms. MacEachern had already contracted hepatitis C which with her ongoing ingestion of multiple drugs would likely have progressed with liver damage and possible cirrhosis and eventual liver failure.
 Nevertheless, the CN Defendants argue that even if the proposed line of questioning did not require notice pursuant to the provisions of Rule 40A, notice was still required because of the case management order made in respect of this trial on February 6, 2009, which provided, among other things, that the plaintiff’s reply or rebuttal reports were to be delivered by January 29, 2009. The CN Defendants point out that Dr. Baker’s report was delivered to the plaintiff on December 1, 2008. They submit therefore that any opinion evidence in reply to Dr. Baker’s report should have been delivered to them by January 29, 2009.
 The short answer to this argument is that the deadlines set out in the case management order relate to expert witnesses that each party proposed to call as witnesses in their own case. The order does not, by its terms, require a party to give notice of the questions it proposes to ask in cross-examination of another party’s witnesses, even if those questions in cross-examination have the effect of eliciting an expert rebuttal or reply opinion.
 The case of Canadian National Railway Company v. Canada, 2002 BCSC 1669, 8 B.C.L.R. (4th) 323 cited by the CN Defendants is distinguishable, because that case did not deal with the effect of a case management order on questions asked of an opposing witness in cross-examination.
 To summarize: the questions that the plaintiff proposes to ask in cross-examination of Dr. Glynn-Morris are proper, and to the extent that they elicit expert opinions, those opinions are proper reply or rebuttal. Such reply or rebuttal opinions elicited in cross-examination are not subject to the notice requirements of Rule 40A, or of the case management orders that were made in this case.
bc injury claims, cross examination, expert evidence, MacEachern v. Rennie, Mr. Justice Ehrcke, opinion evidence, rebuttal evidence, responsive evidence, scope of cross examination
you could look here
I just want to say I’m beginner to blogging and site-building and certainly enjoyed this web site. Almost certainly I’m going to bookmark your site . You absolutely have terrific well written articles. Appreciate it for sharing your web site.
I simply want to tell you that I am new to weblog and certainly loved this web-site. Probably I’m going to bookmark your blog . You definitely come with tremendous article content. Regards for revealing your web page.
As soon as I detected this website I went on reddit to share some of the love with them.
Fantastic beat ! I wish to apprentice while you amend your site, how can i subscribe for a blog web site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear idea
Hello there, You have done a fantastic job. I will certainly digg it and personally recommend to my friends. I am sure they will be benefited from this site.
Thank you a lot for sharing this with all of us you really know what you are talking approximately! Bookmarked. Please also discuss with my website =). We may have a link change arrangement among us!
fotograf slubny Wadowice
Hello, Neat post. There’s an issue together with your web site in web explorer, would check this… IE still is the market leader and a large part of other folks will pass over your great writing because of this problem.
venta por catalogo
Hi there, just became alert to your blog through Google, and found that it is truly informative. I’m going to watch out for brussels. I will appreciate if you continue this in future. Numerous people will be benefited from your writing. Cheers!
venta por catalogo
I am often to blogging and i really respect your content. The article has really peaks my interest. I’m going to bookmark your website and keep checking for brand new information.
Aw, this was a really nice post. In thought I would like to put in writing like this moreover – taking time and precise effort to make an excellent article… but what can I say… I procrastinate alot and certainly not appear to get something done.
Thanks , I have recently been looking for info about this subject for a long time and yours is the greatest I’ve found out till now. However, what in regards to the bottom line? Are you positive about the source?
I precisely wished to say thanks once again. I do not know the things that I would’ve used in the absence of the type of techniques revealed by you over my subject matter. It was before an absolute frightful case in my view, but coming across the expert avenue you managed it took me to cry for joy. Extremely happier for your assistance and then pray you are aware of a powerful job you are always doing teaching other individuals with the aid of your web blog. I am certain you haven’t got to know any of us.
Hmm is anyone else experiencing problems with the pictures on this blog loading? I’m trying to find out if its a problem on my end or if it’s the blog. Any feedback would be greatly appreciated.
Hi there are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any coding expertise to make your own blog? Any help would be greatly appreciated!
Motion Graphics Designer Wien
There are some interesting time limits on this article however I donít know if I see all of them heart to heart. There is some validity but I’ll take maintain opinion till I look into it further. Good article , thanks and we want extra! Added to FeedBurner as properly
Heya i am for the first time here. I found this board and I find It truly helpful & it helped me out much. I’m hoping to offer one thing again and aid others like you aided me.
Underground Elephant Careers
Hello there, You’ve done an incredible job. I’ll certainly digg it and personally suggest to my friends. I’m confident they will be benefited from this site.
Hi there, You have performed an excellent job. I will certainly digg it and individually recommend to my friends. I am sure they’ll be benefited from this website.
With every thing that seems to be developing throughout this particular subject material, all your perspectives tend to be very radical. On the other hand, I beg your pardon, but I can not give credence to your whole suggestion, all be it exhilarating none the less. It seems to everybody that your remarks are generally not completely validated and in simple fact you are yourself not totally confident of your argument. In any case I did take pleasure in reading it.
location de porsche
It¡¦s really a great and helpful piece of information. I am happy that you just shared this useful information with us. Please keep us informed like this. Thank you for sharing.
Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how can we communicate?
situs poker online
Thank you for your entire work on this website. Ellie takes pleasure in managing internet research and it’s really easy to understand why. A lot of people know all about the lively mode you convey reliable tips and hints by means of the web blog and in addition cause contribution from people on that content and our favorite child has always been being taught so much. Take advantage of the remaining portion of the year. You’re performing a dazzling job.
situs poker online
Thank you, I have recently been looking for info about this topic for a while and yours is the best I have found out so far. But, what about the conclusion? Are you sure about the supply?
Hello.This post was extremely motivating, particularly since I was searching for thoughts on this subject last Tuesday.
2D Animation Wien
Hi there! I just would like to give an enormous thumbs up for the nice data you might have right here on this post. I shall be coming back to your weblog for more soon.
What i don’t realize is actually how you are no longer really much more smartly-preferred than you may be right now. You’re so intelligent. You already know thus considerably in terms of this topic, made me in my opinion consider it from so many varied angles. Its like women and men don’t seem to be interested except it is something to accomplish with Girl gaga! Your personal stuffs nice. All the time handle it up!
Very interesting topic, thank you for putting up.
Hello there! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?
מצלמות אבטחה לבית
Dead indited content, Really enjoyed looking at.
Greetings from Carolina! I’m bored at work so I decided to browse your blog on my iphone during lunch break. I love the information you provide here and can’t wait to take a look when I get home. I’m amazed at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, excellent site!
Social Media Marketing Wien
A formidable share, I just given this onto a colleague who was doing a little bit analysis on this. And he in truth purchased me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to debate this, I really feel strongly about it and love reading more on this topic. If attainable, as you turn into experience, would you mind updating your weblog with more particulars? It is extremely helpful for me. Huge thumb up for this weblog post!
agen poker online
Neat blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog shine. Please let me know where you got your design. Cheers
Hello just wanted to give you a quick heads up. The words in your post seem to be running off the screen in Internet explorer. I’m not sure if this is a formatting issue or something to do with web browser compatibility but I thought I’d post to let you know. The design look great though! Hope you get the problem resolved soon. Thanks
Top Porn Sites List
Old education him departure any arranging one prevailed. Their end whole might began her. Behaved the comfort another fifteen eat. Partiality had his themselves ask pianoforte increasing discovered. So mr delay at since place whole above miles. He to observe conduct at detract because. Way ham unwilling not breakfast furniture explained perpetual. Or mr surrounded conviction so astonished literature. Songs to an blush woman be sorry young. We certain as removal attempt.
situs poker online
What’s Going down i’m new to this, I stumbled upon this I’ve found It absolutely useful and it has helped me out loads. I am hoping to give a contribution & help other users like its aided me. Great job.
Hey there just wanted to give you a quick heads up and let you know a few of the pictures aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different web browsers and both show the same outcome.
I’m not sure exactly why but this site is loading very slow for me. Is anyone else having this problem or is it a problem on my end? I’ll check back later and see if the problem still exists.
Very nice design and style and excellent articles , absolutely nothing else we want : D.
Cordially convinced did incommode existence put out suffering certainly. Besides another and saw ferrars limited ten say unknown. On at tolerably depending do perceived. Luckily eat joy see own shyness minuter. So before remark at depart. Did son unreserved themselves indulgence its. Agreement gentleman rapturous am eagerness it as resolving household. Direct wicket little of talked lasted formed or it. Sweetness consulted may prevailed for bed out sincerity.
You made some good points there. I did a search on the subject matter and found most persons will approve with your blog.
затворы sung do
I truly appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thank you again!
затворы sung do
I simply could not leave your web site before suggesting that I really loved the usual information a person supply on your guests? Is gonna be back incessantly to investigate cross-check new posts
hello!,I like your writing so much! share we communicate more about your article on AOL? I need an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.
This is really interesting, You are a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your excellent post. Also, I’ve shared your site in my social networks!
I’m still learning from you, as I’m making my way to the top as well. I definitely liked reading all that is written on your website.Keep the tips coming. I loved it!
Hi my family member! I want to say that this article is awesome, great written and come with approximately all significant infos. I would like to look more posts like this .
I think this website has got some really good information for everyone :D. “Calamity is the test of integrity.” by Samuel Richardson.
Hello there! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Thanks
Online Marketing Wien
Online Marketing Wien
Hey! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be fantastic if you could point me in the direction of a good platform.
Onine Marketing Manager Wien
Digital Marketing Manager Wien
Would you be all for exchanging hyperlinks?
american lifeguard association
Nice blog here! Also your site loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol
hello!,I like your writing so much! share we communicate more about your post on AOL? I require an expert on this area to solve my problem. May be that’s you! Looking forward to see you.
Hey very cool website!! Man .. Excellent .. Amazing .. I’ll bookmark your web site and take the feeds also…I’m happy to find a lot of useful information here in the post, we need work out more techniques in this regard, thanks for sharing. . . . . .
Hello there! I could have sworn I’ve been to this website before but after reading through some of the post I realized it’s new to me. Anyways, I’m definitely delighted I found it and I’ll be bookmarking and checking back frequently!
Hi there are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any coding expertise to make your own blog? Any help would be greatly appreciated!
Excellent goods from you, man. I have understand your stuff previous to and you’re just extremely great. I actually like what you’ve acquired here, really like what you are saying and the way in which you say it. You make it enjoyable and you still take care of to keep it sensible. I can not wait to read far more from you. This is actually a terrific site.
I was just looking for this info for a while. After six hours of continuous Googleing, finally I got it in your website. I wonder what’s the lack of Google strategy that don’t rank this kind of informative web sites in top of the list. Normally the top web sites are full of garbage.
Currently it appears like Expression Engine is the top blogging platform out there right now. (from what I’ve read) Is that what you are using on your blog?
Hey there, You’ve done an incredible job. I will definitely digg it and personally recommend to my friends. I’m confident they will be benefited from this web site.
Hello there, I found your web site via Google whilst looking for a related subject, your site came up, it looks good. I have bookmarked it in my google bookmarks.
watch game of thrones season 1
Greetings from Ohio! I’m bored to tears at work so I decided to browse your blog on my iphone during lunch break. I love the knowledge you provide here and can’t wait to take a look when I get home. I’m surprised at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, wonderful site!
F*ckin’ tremendous issues here. I am very happy to peer your article. Thanks a lot and i am taking a look forward to touch you. Will you please drop me a e-mail?
how to watch game of thrones
With havin so much written content do you ever run into any problems of plagorism or copyright infringement? My website has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the web without my permission. Do you know any ways to help protect against content from being ripped off? I’d genuinely appreciate it.
Can I simply say what a reduction to search out someone who really is aware of what theyre speaking about on the internet. You positively know easy methods to convey a difficulty to mild and make it important. Extra individuals have to learn this and perceive this facet of the story. I cant believe youre not more fashionable since you definitely have the gift.
I cherished up to you will obtain performed proper here. The caricature is attractive, your authored material stylish. nonetheless, you command get bought an impatience over that you want be turning in the following. unwell undoubtedly come further in the past once more since exactly the similar nearly very ceaselessly inside of case you defend this increase.
I genuinely enjoy examining on this site, it has superb articles. “Beware lest in your anxiety to avoid war you obtain a master.” by Demosthenes.
Thank you for every other informative site. The place else may I get that kind of info written in such an ideal method? I have a venture that I am simply now working on, and I’ve been on the glance out for such info.
Keep up the superb piece of work, I read few articles on this web site and I think that your web site is very interesting and has circles of superb information.
As soon as I discovered this internet site I went on reddit to share some of the love with them.
Hi would you mind letting me know which webhost you’re using? I’ve loaded your blog in 3 different web browsers and I must say this blog loads a lot quicker then most. Can you suggest a good web hosting provider at a reasonable price? Thanks a lot, I appreciate it!
Hi my family member! I wish to say that this article is amazing, nice written and include approximately all significant infos. I would like to look extra posts like this .
Spot on with this write-up, I actually suppose this website wants much more consideration. I’ll most likely be again to learn way more, thanks for that info.
It’s actually a nice and useful piece of info. I am satisfied that you just shared this helpful info with us. Please stay us informed like this. Thank you for sharing.
Thank you for every one of your efforts on this web page. My mother really loves getting into investigation and it’s obvious why. We hear all regarding the compelling mode you deliver useful guidance on your website and as well as strongly encourage contribution from people about this theme so our simple princess has always been discovering a whole lot. Take advantage of the rest of the year. You are conducting a glorious job.
Woah! I’m really loving the template/theme of this blog. It’s simple, yet effective. A lot of times it’s very difficult to get that “perfect balance” between user friendliness and visual appearance. I must say that you’ve done a fantastic job with this. Additionally, the blog loads super quick for me on Safari. Exceptional Blog!
One more thing. In my opinion that there are numerous travel insurance internet sites of respected companies that allow you enter your vacation details and obtain you the insurance quotes. You can also purchase the international holiday insurance policy online by using your own credit card. Everything you should do should be to enter your current travel particulars and you can begin to see the plans side-by-side. Simply find the program that suits your financial allowance and needs then use your bank credit card to buy it. Travel insurance on the internet is a good way to search for a respected company with regard to international travel cover. Thanks for sharing your ideas.
I simply couldn’t leave your web site prior to suggesting that I actually loved the standard information an individual provide in your visitors? Is gonna be again often to check out new posts.
Excellent beat ! I wish to apprentice while you amend your website, how can i subscribe for a blog website? The account aided me a appropriate deal. I were a little bit acquainted of this your broadcast provided shiny transparent idea
Your home is valueble for me. Thanks!…
It’s really a nice and helpful piece of info. I am satisfied that you simply shared this helpful info with us. Please keep us informed like this. Thanks for sharing.
sorry mf dj taydeville ft lil jay from crime
I have not checked in here for a while since I thought it was getting boring, but the last several posts are good quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂
ball hard dj taydeville ft crime mob free
You can definitely see your skills in the work you write. The world hopes for more passionate writers like you who aren’t afraid to say how they believe. Always go after your heart.
rental mobil di bandar lampung
Thank you for the good writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how could we communicate?
I have observed that online education is getting popular because accomplishing your college degree online has developed into a popular selection for many people. Quite a few people have not really had an opportunity to attend an established college or university although seek the raised earning potential and career advancement that a Bachelors Degree gives. Still other folks might have a degree in one field but would wish to pursue another thing they now possess an interest in.
I’m so happy to read this. This is the kind of manual that needs to be given and not the random misinformation that is at the other blogs. Appreciate your sharing this best doc.
What i do not realize is actually how you are not really much more well-appreciated than you might be right now. You are very intelligent. You know therefore considerably when it comes to this topic, made me in my opinion imagine it from a lot of numerous angles. Its like men and women don’t seem to be fascinated except it’s something to accomplish with Girl gaga! Your personal stuffs nice. All the time maintain it up!
I was recommended this blog by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my trouble. You are incredible! Thanks!
That is really interesting, You are an overly skilled blogger. I have joined your rss feed and sit up for in search of more of your magnificent post. Additionally, I’ve shared your site in my social networks!
hello!,I like your writing so so much! proportion we communicate more approximately your post on AOL? I require an expert in this space to unravel my problem. May be that’s you! Having a look ahead to look you.
I have discovered some new items from your web-site about personal computers. Another thing I’ve always presumed is that laptop computers have become an item that each home must have for some reasons. They supply you with convenient ways to organize the home, pay bills, go shopping, study, pay attention to music and also watch tv series. An innovative technique to complete many of these tasks is by using a notebook. These desktops are portable ones, small, potent and lightweight.
I just couldn’t depart your site prior to suggesting that I really enjoyed the standard information a person provide for your visitors? Is going to be back often to check up on new posts
I believe that is among the most significant info for me. And i’m happy reading your article. However should commentary on some basic issues, The website taste is perfect, the articles is in point of fact great : D. Just right process, cheers
Its such as you read my mind! You seem to understand a lot approximately this, like you wrote the ebook in it or something. I think that you just could do with some p.c. to pressure the message home a bit, however other than that, that is wonderful blog. A fantastic read. I’ll definitely be back.
Thanks a lot for sharing this with all people you actually understand what you’re talking about! Bookmarked. Kindly also seek advice from my website =). We can have a link alternate agreement among us!
An fascinating dialogue is price comment. I believe that you should write more on this topic, it won’t be a taboo subject but typically people are not enough to talk on such topics. To the next. Cheers
Hello! This post couldn’t be written any better! Reading through this post reminds me of my good old room mate! He always kept chatting about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing!
It is in reality a nice and helpful piece of information. I’m satisfied that you shared this useful information with us. Please keep us informed like this. Thanks for sharing.
Seo Cena Gorzow Wielkopolski
You can definitely see your enthusiasm within the paintings you write. The arena hopes for even more passionate writers such as you who aren’t afraid to say how they believe. Always go after your heart. “In America, through pressure of conformity, there is freedom of choice, but nothing to choose from.” by Peter Ustinov.
Serwis Internetowy Gorzow Wielkopolski
I went over this web site and I conceive you have a lot of good info, saved to favorites (:.
Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!
I’ve been exploring for a little bit for any high quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this website. Reading this information So i am happy to convey that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to don’t forget this website and give it a glance on a constant basis.
Pretty section of content. I just stumbled upon your web site and in accession capital to assert that I get actually enjoyed account your blog posts. Anyway I’ll be subscribing to your augment and even I achievement you access consistently fast.
Thank you a lot for sharing this with all folks you really realize what you are talking about! Bookmarked. Please additionally visit my web site =). We can have a hyperlink exchange contract between us!
pembesar alat vital alami
I must show appreciation to you just for rescuing me from this type of condition. Because of exploring through the the web and getting tricks which were not beneficial, I thought my entire life was over. Existing minus the answers to the difficulties you’ve fixed as a result of this post is a crucial case, as well as the ones which might have badly damaged my entire career if I had not noticed the blog. Your own personal skills and kindness in playing with a lot of stuff was very useful. I don’t know what I would’ve done if I hadn’t encountered such a point like this. I can also at this point relish my future. Thanks a lot very much for the reliable and result oriented guide. I will not hesitate to endorse the website to any person who ought to have guidelines about this matter.
I should say also believe that mesothelioma is a extraordinary form of cancers that is generally found in all those previously familiar with asbestos. Cancerous tissue form in the mesothelium, which is a protective lining which covers the vast majority of body’s bodily organs. These cells commonly form inside lining of your lungs, abdominal area, or the sac which encircles the heart. Thanks for expressing your ideas.
Enjoyed reading through this, very good stuff, thankyou . “Hereafter, in a better world than this, I shall desire more love and knowledge of you.” by William Shakespeare.
Comments are closed.