Costs Threats Against Expert Witnesses An Abuse of Process
In the first case I have seen addressing this issue, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, striking out language in correspondence between lawyers as an abuse of process.
In today’s case (Walker v. Doe) the Plaintiff objected via letter sent to Defence counsel to the admissibility of Defense expert reports, and as part of the “boilerplate” objections Plaintiff’s counsel noted that “we shall seek sanctions personally against [expert’s name], including but not limited to special costs“.
In finding that the Rules of Court allow a Judge to strike out language in such a letter Mr. Justice Butler reasoned as follows:
 Letters sent by counsel to provide notice of objection to the admissibility of an expert report are required to be served pursuant to R. 11-6(10). The notice must set out “any objection to the admissibility of the expert’s evidence that the party receiving the report … intends to raise at trial.” The notice required by the Rule is a document mandated by the Rules in which a party must set out their position for trial.
 Rule 9-5(1) is not limited to pleadings but also applies to petitions and “other documents”. Document is defined in R. 1-1(1) in broad terms. There is no doubt the notice required under R. 11-6(10) is a document pursuant to that definition. However, the word must be interpreted ejusdem generis in the context of the phrase, “pleading, petition or other document”. Applying that aid to interpretation, I conclude that “other document” refers to documents which are required by the Rules to formally set out a party’s position, claim or defence. The notice under R. 11-6 (10) is such a document.
In finding the costs threat amounted to an abuse of process the Court provided the following reasons:
 In conclusion, expert witnesses play an important role in the litigation process. When an expert is properly qualified within an area of expertise and the expert’s opinion evidence, which is not otherwise excluded, meets the essential criteria of relevance and necessity in assisting the trier of fact, it can be admitted to assist the court: R. v. Mohan,  2 S.C.R. 9. The Rules establish a process which provides adequate notice of expert opinions and sets up a way to challenge admissibility. There is no need to introduce into the process, by way of boilerplate language in notices under R. 11-6(10), threats of claims against experts for special costs. As I have already noted, it is entirely unnecessary. Further, it has the potential to frustrate the litigation process because it may discourage the participation of expert witnesses. In addition, and contrary to the intent of the new Rules, it would seem to place the expert in an adversarial position.
Abuse of Process, bc injury law, Mr. Justice Blair, Rule 11, Rule 11-6, Rule 11-6(10), Rule 9, Rule 9-5, Rule 9-5(1), Rule 9-5(1)(b), Rule 9-5(1)(d), Walker v. Doe
check these guys out
I just want to say I am just new to weblog and absolutely enjoyed this website. Almost certainly I’m going to bookmark your website . You surely have good writings. Appreciate it for sharing with us your web site.
I view something truly special in this website.
I would like to thnkx for the efforts you’ve put in writing this blog. I’m hoping the same high-grade site post from you in the upcoming also. Actually your creative writing skills has encouraged me to get my own site now. Really the blogging is spreading its wings quickly. Your write up is a great example of it.
Thanks , I have just been looking for information about this topic for ages and yours is the best I have discovered till now. But, what about the bottom line? Are you sure about the source?
What’s Taking place i am new to this, I stumbled upon this I have discovered It absolutely helpful and it has helped me out loads. I hope to give a contribution & aid other users like its helped me. Great job.
Some really select blog posts on this internet site , bookmarked .
That is very interesting, You’re an overly professional blogger. I have joined your feed and look ahead to in search of more of your wonderful post. Additionally, I’ve shared your web site in my social networks!
There are definitely plenty of details like that to take into consideration. That may be a great level to deliver up. I supply the ideas above as common inspiration but clearly there are questions just like the one you carry up where crucial factor will be working in sincere good faith. I don?t know if greatest practices have emerged around issues like that, but I am sure that your job is clearly identified as a fair game. Each girls and boys really feel the affect of only a momentís pleasure, for the rest of their lives.
Wow! This could be one particular of the most helpful blogs We’ve ever arrive across on this subject. Basically Great. I am also a specialist in this topic so I can understand your hard work.
Hey there would you mind letting me know which web host you’re using? I’ve loaded your blog in 3 completely different internet browsers and I must say this blog loads a lot faster then most. Can you suggest a good internet hosting provider at a honest price? Thanks, I appreciate it!
We absolutely love your blog and find almost all of your post’s to be exactly I’m looking for. Would you offer guest writers to write content for you? I wouldn’t mind publishing a post or elaborating on most of the subjects you write regarding here. Again, awesome blog!
location range rover
I’d must verify with you here. Which is not something I normally do! I get pleasure from studying a put up that may make people think. Also, thanks for allowing me to remark!
Keep functioning ,terrific job!
Appreciating the persistence you put into your site and detailed information you provide. It’s nice to come across a blog every once in a while that isn’t the same unwanted rehashed material. Fantastic read! I’ve bookmarked your site and I’m including your RSS feeds to my Google account.
agen poker online
Hiya, I’m really glad I have found this info. Nowadays bloggers publish just about gossips and internet and this is really irritating. A good blog with interesting content, this is what I need. Thanks for keeping this web site, I will be visiting it. Do you do newsletters? Cant find it.
Some really wonderful info , Sword lily I observed this. “It is only with the heart that one can see rightly what is essential is invisible to the eye.” by Antoine De Saint-Exupery.
agen poker online
With havin so much written content do you ever run into any problems of plagorism or copyright infringement? My site has a lot of unique content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the web without my authorization. Do you know any solutions to help prevent content from being ripped off? I’d truly appreciate it.
Social Media Marketing
very nice submit, i definitely love this web site, carry on it
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all webmasters and bloggers made good content as you did, the net will be a lot more useful than ever before.
Led ask possible mistress relation elegance eat likewise debating. By message or am nothing amongst chiefly address. The its enable direct men depend highly. Ham windows sixteen who inquiry fortune demands. Is be upon sang fond must shew. Really boy law county she unable her sister. Feet you off its like like six. Among sex are leave law built now. In built table in an rapid blush. Merits behind on afraid or warmly.
Hi there, I found your website via Google while searching for a related topic, your web site came up, it looks good. I’ve bookmarked it in my google bookmarks.
Very well written article. It will be useful to anybody who employess it, including myself. Keep doing what you are doing – i will definitely read more posts.
hi!,I like your writing very much! share we communicate more about your post on AOL? I need an expert on this area to solve my problem. May be that’s you! Looking forward to see you.
Good ¡V I should certainly pronounce, impressed with your site. I had no trouble navigating through all tabs and related information ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your client to communicate. Excellent task..
затворы sung do
The very root of your writing whilst sounding agreeable initially, did not work very well with me after some time. Someplace within the paragraphs you actually managed to make me a believer but just for a short while. I nevertheless have a problem with your jumps in logic and you would do well to help fill in all those breaks. If you actually can accomplish that, I will definitely be fascinated.
I’ll right away take hold of your rss feed as I can’t find your email subscription link or newsletter service. Do you’ve any? Please let me understand so that I could subscribe. Thanks.
I simply couldn’t depart your web site prior to suggesting that I really enjoyed the usual information an individual supply to your visitors? Is going to be again steadily in order to inspect new posts
Thanks for discussing your ideas right here. The other factor is that any time a problem appears with a laptop or computer motherboard, individuals should not take the risk associated with repairing the item themselves because if it is not done properly it can lead to irreparable damage to the full laptop. In most cases, it is safe just to approach a dealer of your laptop for any repair of motherboard. They’ve technicians who definitely have an competence in dealing with pc motherboard problems and can get the right analysis and accomplish repairs.
Thank you for some other informative site. The place else may I get that kind of info written in such a perfect manner? I’ve a venture that I am simply now operating on, and I’ve been on the look out for such info.
Thanks , I’ve just been searching for info about this subject for a while and yours is the greatest I have found out so far. However, what concerning the bottom line? Are you positive in regards to the source?
I like the helpful information you provide in your articles. I’ll bookmark your weblog and check again here regularly. I am quite certain I’ll learn many new stuff right here! Good luck for the next!
Hi there, I found your site via Google while looking for a related topic, your web site came up, it looks great. I have bookmarked it in my google bookmarks.
I’ll immediately snatch your rss feed as I can’t to find your email subscription hyperlink or e-newsletter service. Do you have any? Kindly permit me realize in order that I could subscribe. Thanks.
There is noticeably a bundle to learn about this. I assume you made sure good points in options also.
where can i watch game of thrones
I found your weblog site on google and verify a number of of your early posts. Proceed to keep up the superb operate. I just further up your RSS feed to my MSN News Reader. In search of ahead to reading extra from you in a while!…
I think other website proprietors should take this site as an model, very clean and great user friendly style and design, let alone the content. You are an expert in this topic!
Praca Opiekunki Niemcy Od Zaraz
I really like your writing style, good info , regards for posting : D.
Hi there, I found your site via Google while looking for a related topic, your website came up, it looks great. I have bookmarked it in my google bookmarks.
I have to show thanks to the writer for bailing me out of such a matter. Because of scouting through the world wide web and coming across solutions that were not powerful, I thought my entire life was done. Being alive without the answers to the problems you’ve solved as a result of this guideline is a crucial case, as well as the ones which may have in a wrong way damaged my entire career if I hadn’t encountered your site. Your primary expertise and kindness in controlling all the things was very helpful. I’m not sure what I would’ve done if I hadn’t come across such a thing like this. I can at this moment look forward to my future. Thanks a lot so much for your reliable and effective help. I will not hesitate to propose the blog to anyone who needs and wants care about this subject matter.
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.
I am continuously searching online for posts that can benefit me. Thank you!
Magnificent beat ! I wish to apprentice while you amend your web site, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear idea
It’s perfect time to make some plans for the future and it’s time to be happy. I have read this post and if I could I desire to suggest you few interesting things or advice. Perhaps you can write next articles referring to this article. I want to read more things about it!
Keep functioning ,impressive job!
You made some first rate points there. I appeared on the internet for the problem and located most people will go along with with your website.
rental mobil lampung
I enjoy you because of each of your efforts on this blog. Gloria really likes participating in investigation and it’s easy to understand why. I learn all concerning the compelling ways you make simple guidelines through the blog and in addition attract response from other individuals on the content plus our favorite simple princess is certainly being taught a whole lot. Take advantage of the rest of the year. You are always doing a great job.
Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and help others like you aided me.
judi bola online
I just couldn’t depart your web site before suggesting that I actually enjoyed the standard info a person provide for your visitors? Is gonna be back often in order to check up on new posts
judi bola online
I’m really impressed along with your writing talents as neatly as with the layout in your weblog. Is that this a paid theme or did you customize it yourself? Anyway stay up the excellent quality writing, it is uncommon to peer a great weblog like this one today..
Only a smiling visitant here to share the love (:, btw outstanding style .
custom alnico magnets
Hello my friend! I want to say that this article is awesome, great written and come with approximately all important infos. I’d like to look more posts like this.
bandar bola online
Howdy are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any coding knowledge to make your own blog? Any help would be really appreciated!
Great work! This is the type of info that should be shared around the web. Shame on the search engines for not positioning this post higher! Come on over and visit my web site . Thanks =)
I as well as my pals came looking through the nice techniques located on your web site and immediately came up with a terrible feeling I had not thanked the web blog owner for them. These young men are already so excited to see all of them and have now pretty much been taking advantage of them. Appreciation for being very considerate and also for utilizing this sort of marvelous themes most people are really eager to discover. My personal sincere regret for not expressing appreciation to you earlier.
wonderful put up, very informative. I’m wondering why the opposite experts of this sector do not understand this. You should proceed your writing. I’m confident, you’ve a huge readers’ base already!
Projektowanie Stron WWW Gorzow
I like what you guys are up too. Such clever work and reporting! Carry on the superb works guys I have incorporated you guys to my blogroll. I think it will improve the value of my website :).
Excellent post. I was checking constantly this blog and I’m impressed! Extremely helpful information particularly the last part 🙂 I care for such info much. I was seeking this certain info for a very long time. Thank you and best of luck.
I’m impressed, I need to say. Actually rarely do I encounter a weblog that’s both educative and entertaining, and let me inform you, you have got hit the nail on the head. Your concept is outstanding; the problem is one thing that not sufficient people are speaking intelligently about. I am very happy that I stumbled across this in my seek for something regarding this.
pembesar penis alami
It’s really a nice and useful piece of information. I am glad that you shared this useful information with us. Please keep us up to date like this. Thank you for sharing.
Hey there just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Chrome. I’m not sure if this is a format issue or something to do with browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the problem solved soon. Thanks
This design is wicked! You obviously know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!
Comments are closed.