Who's the Expert? The Rule Against "Corporate Reports"
When a party introduces an expert report at trial in the BC Supreme Court one of the requirements is that the report sets out “the name of the person primarily responsible for the content of the statement“. If a party fails to do so they risk having the report excluded from evidence. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating this.
In this week’s case (Jones v. Ma) the Plaintiff was involved in a motor vehicle accident. She sued for damages. Fault was at issue and in support of their case the Defendants hired an engineering firm who produced an accident reconstruction report. The report was signed by a Forensic Engineer.
The Plaintiff objected to the admission of the report arguing that it was not the report of the expert who signed it, rather it was “a corporate report which embodies the observations and opinions of several individuals, without clearly distinguishing who made the various observations on which the opinions are based and who engaged in the process of forming the opinions that are expressed in the report.”
The Engineer was cross examined and it become evident that “the majority of the work on the report was not done by (the engineer that signed it), but rather by other persons in the firm he works for”. The Court went on to exclude the report from evidence. Mr. Justice Ehrcke provided the following useful summary and application of the law:
 This is not simply a matter of form. The purpose of the rule is to ensure fairness to both parties by providing the party on whom the report is served with adequate notice to enable them to effectively cross-examine the expert and to properly instruct their own expert if they choose to retain one.
 The relevant case law was reviewed by Burnyeat J. in Dhaliwal v. Bassi, 2007 BCSC 548, 73 B.C.L.R. (4th) 170. In that case, the Court was presented with an expert report of a Dr. Passey who, in forming his opinions, relied on psychological questionnaires administered by a Dr. Ross. Mr. Justice Burnyeat wrote…:
 The purposes of Rule 40A are clear: (a) neither side should be taken by surprise by expert evidence (Sterritt v. McLeod (2000), 74 B.C.L.R. (3d) 371 (B.C.C.A.) at para. 33) and neither side should be ambushed or surprised at trial; (b) to ensure fairness to the parties and to promote the orderly progression of the trial (C.A. v. Critchley(1996), 4 C.P.C. (4th) 269 (B.C.S.C.) at para. 15). The burden on Mr. Bassi to show that I should exercise my discretion to allow the report to be introduced has been described as a: “… relatively heavy burden ….”: McKay v. Passmore,  B.C.J. (Q.L.) No. 1232 (B.C.S.C.), at para. 26. The question which arises is whether there is “… substantial and irremediable prejudice ….” so as to justify the exclusion of the report on the basis that the statement does not comply with Rule 40A(5)(c) of the Rules of Court: C.A. v. Critchley,supra, at para. 12…
In my view, a document is not a written statement setting out the opinion of an expert unless it appears clearly from the face of that document that the opinions in it are those of the individual expert who prepared and signed the statement. Our rules make no provision for the entry in evidence of joint or corporate opinions. The opinion must be that of an individual expert and it must fall, of course, within the scope of her own expertise. The opinion cannot simply be a reporting of the opinions of others. The statement, to be admissible, must show clearly that this is the case.
I find some support for this view in the decision of my brother Judge Macdonald in Emil Anderson Construction Co. Ltd. … As that case points out, there is a real possibility of procedural prejudice to cross-examining counsel if he or she cannot tell from the report which of the opinions are truly those held by the witness giving evidence and which are simply opinions of other team members reported to her and asserted by her in the written report. (at paras. 11-12)
 Unless the authors of all parts of an opinion are known, unless the qualifications of each person contributing to the opinion are known, and unless the facts upon which each of the persons contributing to an opinion are set out, the cross-examination of an expert witness regarding the opinion that had been provided would be impossible.
 In my view, the report tendered by the defendant in the present case does not comply with the requirements of Rule 40A(5), and it would cause irreparable prejudice to the plaintiff if the report were admitted.
 The report is excluded from evidence.
I should point out that this case was decided relying on the current BC Supreme Court Rule 40A(5)(c). As readers of this blog know the BC Supreme Court Rules are being overhauled on July 1, 2010 and some of the biggest changes relate to the rule concerning expert opinion evidence.
Rule 40A(5)(c) reads that “The statement shall set out or be accompanied by a supplementary statement setting out…the name of the person primarily responsible for the content of the statement.”
The new rule dealing with the content of expert reports is Rule 11-6 which states
“An expert’s report that is to be tendered as evidence at the trial must be signed by the expert, must include the certification required under Rule 11-2 (2) and must set out the following:
(a) the expert’s name, address and area of expertise;…”
While the language has changed somewhat the underlying purpose of the requirement appears the same and that is to not prejudice the opposing party’s ability to cross examine the opinion. It seems this case will retain its value as a precedent under the New BC Supreme Court Rules but time will tell.
Accident Reconstruction, Corporate Opinions, Engineering Reports, expert evidence, Inadmissible Expert Reports, Jones v. Ma, Mr. Justice Ehrcke, New BC Supreme Court Civil Rules, Rule 11, rule 40A, Rule 40A(5)
I simply want to tell you that I am just beginner to blogging and certainly enjoyed your web-site. Probably I’m likely to bookmark your site . You amazingly have excellent articles and reviews. Bless you for sharing with us your website page.
Wow! This could be one particular of the most useful blogs We’ve ever arrive across on this subject. Actually Wonderful. I’m also an expert in this topic therefore I can understand your effort.
Hello.This article was extremely motivating, particularly since I was searching for thoughts on this issue last Wednesday.
excellent post, very informative. I wonder why the other specialists of this sector don’t notice this. You must continue your writing. I am confident, you have a great readers’ base already!
You can certainly see your expertise within the paintings you write. The sector hopes for more passionate writers like you who aren’t afraid to mention how they believe. Always follow your heart.
It is appropriate time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I want to suggest you few interesting things or advice. Perhaps you could write next articles referring to this article. I want to read more things about it!
I’m so happy to read this. This is the type of manual that needs to be given and not the random misinformation that’s at the other blogs. Appreciate your sharing this best doc.
Wow! This can be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Excellent. I am also a specialist in this topic so I can understand your effort.
beast TV trial
Great blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your theme. Appreciate it
3D Animation Wien
Your home is valueble for me. Thanks!Ö
Have you ever thought about publishing an ebook or guest authoring on other sites? I have a blog based on the same subjects you discuss and would really like to have you share some stories/information. I know my audience would value your work. If you’re even remotely interested, feel free to shoot me an e mail.
Underground Elephant San Diego
Thanks for sharing excellent informations. Your web-site is so cool. I’m impressed by the details that you have on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found just the information I already searched all over the place and just couldn’t come across. What a great site.
situs poker online
I simply couldn’t go away your site before suggesting that I really loved the standard information a person provide for your guests? Is going to be back regularly in order to inspect new posts
Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve truly enjoyed browsing your blog posts. In any case I will be subscribing to your rss feed and I hope you write again very soon!
ML Luxury Drive
Howdy very nice website!! Man .. Excellent .. Superb .. I’ll bookmark your blog and take the feeds also…I’m glad to search out so many helpful information here in the put up, we’d like work out extra strategies in this regard, thank you for sharing. . . . . .
Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your website page and thus far? I amazed with the research you made to create this particular publish amazing. Great job!
Hmm it seems like your website ate my first comment (it was super long) so I guess I’ll just sum it up what I had written and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to the whole thing. Do you have any tips for first-time blog writers? I’d certainly appreciate it.
Very well written article. It will be useful to anyone who employess it, as well as myself. Keep up the good work – looking forward to more posts.
I simply wanted to say thanks once more. I am not sure the things I could possibly have created in the absence of the entire methods shared by you regarding such field. It seemed to be the fearsome case for me personally, but discovering a well-written way you handled it took me to leap with delight. I am just happier for this support and then wish you are aware of a powerful job you are always carrying out teaching the mediocre ones with the aid of your website. I am certain you haven’t got to know all of us.
Attractive component to content. I simply stumbled upon your web site and in accession capital to say that I get in fact loved account your weblog posts. Anyway I will be subscribing in your feeds or even I achievement you get right of entry to consistently fast.
It’s best to take part in a contest for probably the greatest blogs on the web. I’ll suggest this site!
Free Porn Sites
Sense child do state to defer mr of forty. Become latter but nor abroad wisdom waited. Was delivered gentleman acuteness but daughters. In as of whole as match asked. Pleasure exertion put add entrance distance drawings. In equally matters showing greatly it as. Want name any wise are able park when. Saw vicinity judgment remember finished men throwing.
Hey, you used to write fantastic, but the last few posts have been kinda boring… I miss your great writings. Past several posts are just a little bit out of track! come on!
I do not even know the way I stopped up right here, but I assumed this submit was once great. I don’t recognize who you are but certainly you are going to a famous blogger should you are not already 😉 Cheers!
I do agree with all of the ideas you’ve introduced in your post. They are very convincing and will definitely work. Still, the posts are too quick for starters. May just you please prolong them a bit from subsequent time? Thank you for the post.
Once I initially commented I clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I get 4 emails with the identical comment. Is there any means you may remove me from that service? Thanks!
Merely a smiling visitor here to share the love (:, btw outstanding pattern .
затворы sung do
What’s Going down i’m new to this, I stumbled upon this I have discovered It positively useful and it has aided me out loads. I’m hoping to contribute & assist different customers like its helped me. Great job.
Also a thing to mention is that an online business administration diploma is designed for individuals to be able to effortlessly proceed to bachelor’s degree programs. The Ninety credit college degree meets the lower bachelor college degree requirements when you earn your associate of arts in BA online, you will possess access to the most recent technologies on this field. Some reasons why students want to be able to get their associate degree in business is because they can be interested in the field and want to find the general instruction necessary ahead of jumping right into a bachelor college diploma program. Many thanks for the tips you really provide in the blog.
I have read a few good stuff here. Definitely worth bookmarking for revisiting. I wonder how much effort you put to create such a excellent informative site.
Utterly indited subject material, Really enjoyed examining.
Online Marketing Wien
Social Media Marketing Wien
You made some nice points there. I looked on the internet for the topic and found most persons will approve with your site.
Good day! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Many thanks!
Please let me know if you’re looking for a writer for your weblog. You have some really good posts and I feel I would be a good asset. If you ever want to take some of the load off, I’d love to write some content for your blog in exchange for a link back to mine. Please shoot me an email if interested. Cheers!
It’s really a nice and useful piece of information. I’m glad that you simply shared this useful info with us. Please keep us up to date like this. Thanks for sharing.
hi!,I love your writing very so much! share we communicate extra about your article on AOL? I require a specialist on this house to resolve my problem. Maybe that’s you! Taking a look forward to look you.
Whats Taking place i am new to this, I stumbled upon this I’ve discovered It absolutely helpful and it has aided me out loads. I’m hoping to contribute & help different users like its aided me. Good job.
Howdy! Someone in my Facebook group shared this site with us so I came to give it a look. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Outstanding blog and fantastic style and design.
game of thrones watch online
I’ve been browsing online more than 3 hours today, but I by no means found any interesting article like yours. It is lovely price sufficient for me. In my opinion, if all webmasters and bloggers made excellent content material as you did, the internet will probably be much more useful than ever before.
After study just a few of the blog posts in your web site now, and I really like your manner of blogging. I bookmarked it to my bookmark web site listing and can be checking back soon. Pls take a look at my website online as well and let me know what you think.
Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! By the way, how could we communicate?
Opieka Niemcy Od Zaraz
excellent issues altogether, you just received a emblem new reader. What would you suggest about your publish that you made some days in the past? Any sure?
Some really choice posts on this web site , saved to my bookmarks .
I was very pleased to seek out this web-site.I wanted to thanks to your time for this wonderful learn!! I undoubtedly having fun with each little little bit of it and I have you bookmarked to check out new stuff you blog post.
jual viagra asli
hey there and thank you in your information – I have definitely picked up something new from right here. I did on the other hand expertise a few technical issues the use of this site, as I experienced to reload the web site many occasions prior to I could get it to load correctly. I had been considering if your web host is OK? Not that I’m complaining, but slow loading instances times will sometimes affect your placement in google and could harm your high-quality rating if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I am adding this RSS to my email and could look out for a lot extra of your respective interesting content. Make sure you update this once more soon..
You really make it seem so easy together with your presentation but I to find this matter to be actually something which I think I might never understand. It kind of feels too complicated and very vast for me. I’m taking a look ahead to your next post, I will try to get the grasp of it!
WONDERFUL Post.thanks for share..extra wait .. …
I truly enjoy looking through on this site, it holds great content . “Words are, of course, the most powerful drug used by mankind.” by Rudyard Kipling.
huruf timbul jakarta
Helpful info. Lucky me I discovered your site by accident, and I’m surprised why this accident did not took place in advance! I bookmarked it.
sewa mobil bandar lampung
My brother suggested I might like this website. He was totally right. This post truly made my day. You cann’t imagine simply how much time I had spent for this information! Thanks!
I’ve been surfing on-line more than three hours lately, yet I by no means found any interesting article like yours. It is beautiful price enough for me. In my view, if all website owners and bloggers made excellent content material as you probably did, the internet shall be much more useful than ever before.
I will right away clutch your rss as I can not find your e-mail subscription hyperlink or e-newsletter service. Do you’ve any? Kindly let me recognise in order that I could subscribe. Thanks.
Hmm is anyone else encountering problems with the images on this blog loading? I’m trying to figure out if its a problem on my end or if it’s the blog. Any responses would be greatly appreciated.
That is really interesting, You’re a very skilled blogger. I have joined your rss feed and look ahead to in the hunt for extra of your magnificent post. Additionally, I have shared your website in my social networks!
bulk alnico magnets
Keep functioning ,remarkable job!
hello!,I really like your writing very much! proportion we keep up a correspondence extra about your post on AOL? I require a specialist on this house to resolve my problem. May be that’s you! Looking ahead to look you.
Well I really liked reading it. This subject provided by you is very useful for good planning.
Normally I do not learn post on blogs, but I would like to say that this write-up very pressured me to take a look at and do so! Your writing style has been amazed me. Thank you, very great article.
I definitely wanted to post a small note to be able to appreciate you for some of the awesome items you are sharing on this website. My extended internet look up has at the end been honored with brilliant facts to share with my friends and classmates. I ‘d admit that most of us site visitors actually are rather blessed to exist in a wonderful community with very many brilliant people with interesting solutions. I feel rather privileged to have come across your weblog and look forward to really more cool moments reading here. Thanks again for a lot of things.
Hello. Great job. I did not anticipate this. This is a remarkable story. Thanks!
Seo Services Gorzow Wielkopolski
Simply wanna comment on few general things, The website style is perfect, the subject matter is really good. “The sun sets without thy assistance.” by The Talmud.
Thanks a lot for sharing this with all people you really recognise what you are talking approximately! Bookmarked. Please also consult with my website =). We may have a hyperlink exchange contract among us!
Awsome info and right to the point. I am not sure if this is truly the best place to ask but do you guys have any thoughts on where to employ some professional writers? Thank you 🙂
I simply wanted to construct a simple note so as to appreciate you for some of the amazing ideas you are placing here. My incredibly long internet research has at the end been honored with brilliant facts to share with my contacts. I would state that that many of us website visitors are extremely fortunate to be in a fine site with so many awesome individuals with great suggestions. I feel very fortunate to have come across the webpage and look forward to some more pleasurable times reading here. Thanks a lot once again for all the details.
pembesar penis alami
Hey there, I think your site might be having browser compatibility issues. When I look at your website in Ie, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, fantastic blog!
You are my inspiration, I own few blogs and occasionally run out from post :). “Never mistake motion for action.” by Ernest Hemingway.
As a Newbie, I am always searching online for articles that can benefit me. Thank you
Comments are closed.