"Significant Prejudice" Bars Admission of Late Defence Rebuttal Report

Written by admin on . Posted in BCSC Civil Rule 11.

As previously discussed, Rule 11-7(6) allows the BC Supreme Court to admit expert evidence that does not otherwise comply with the Rules of Court.  Reasons for judgement were released last week addressing this discretionary power in cases where prejudiced is caused by the late report.
In last week’s case (Neyman v. Wouterse) the Plaintiff was injured in a 2007 collision.  The Defendant proceeded to trial with only one expert report which was served well outside of the timelines required by the Rules of Court.  The Defendant asked the Court to allow the report into evidence arguing that there would be severe prejudice if the report was excluded as “it is the only medical evidence available to him to tender into evidence“.
Mr. Justice Walker refused to allow the report in finding the Plaintiff would be prejudiced by depriving her adequate time to prepare for cross-examination.  In so finding the Court provided the following reasons:
26]         I am satisfied that plaintiff’s counsel has, through no fault of his own or of his client, not been able to properly consult with his client’s medical experts to determine the answers to those questions. It is also clear to me that standing the trial down for a half day or day or two does not afford the plaintiff and her counsel the opportunity to properly respond to Dr. Bishop’s report, even if it was admitted on a redacted basis.
[27]         In all, I am satisfied, from counsels’ submissions and from the nature of the evidence given by the medical experts to date, that plaintiff’s counsel may well have approached the preparation and prosecution of his client’s case quite differently if he had known that Dr. Bishop’s report was to be admitted…
[32]         As a result of his position concerning terms, which in my respectful view seeks to constrain the outcome of the application to the defendant’s greatest advantage, I conclude that the defendant cannot meet the requirements of Rule 11-7(6)(b).
[33]         Lastly, turning to sub-rule (c), as Savage J. noted in Perry, there must be some “compelling analysis” why the interests of justice require the Court to exercise its discretion to allow the “extraordinary step” of abrogating the requirements of the Rules. None was presented by the defendant in submissions. Moreover, I find that the circumstances of this case, particularly the dilatory conduct of the defendant, do not compel me to exercise my discretion under sub-rule (c) to admit Dr. Bishop’s report into evidence without an adjournment on terms. To otherwise admit Dr. Bishop’s report would not be in the interests of justice.
[34]         As a result, the defendant’s application is dismissed. Dr. Bishop’s report will not be admitted into evidence.

bc injury law, Mr. Justice Walker, Neyman v. Wouterse, Rule 11, Rule 11-7, Rule 11-7(6), Rule 11-7(6)(b), Rule 11-7(6)(b)(i), Rule 11-7(6)(b)(ii)

Comments (46)

  • here

    I just want to tell you that I am just very new to blogs and actually enjoyed your web site. More than likely I’m going to bookmark your site . You surely come with terrific well written articles. Bless you for revealing your web-site.

  • W88

    I like this post, enjoyed this one appreciate it for putting up. “No man is wise enough by himself.” by Titus Maccius Plautus.

  • 릴 게임

    I’m also writing to make you know what a superb experience my cousin’s girl encountered checking yuor web blog. She noticed several pieces, which include what it is like to possess an ideal helping heart to have many more effortlessly understand various advanced subject areas. You actually surpassed my desires. Thanks for delivering those essential, trusted, revealing and in addition cool guidance on your topic to Tanya.

  • Money

    I really like your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz answer back as I’m looking to design my own blog and would like to find out where u got this from. many thanks

  • venta por catalogo

    I have recently started a web site, the info you offer on this website has helped me tremendously. Thank you for all of your time & work. “A physicist is an atom’s way of knowing about atoms.” by George Wald.

  • marcel van hooijdonk

    It’s the best time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I wish to suggest you few interesting things or suggestions. Perhaps you could write next articles referring to this article. I wish to read more things about it!

  • Underground Elephant Careers

    Hello 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 html coding knowledge to make your own blog? Any help would be really appreciated!

  • situs poker online

    Thank you, I’ve just been looking for information approximately this subject for a long time and yours is the best I’ve found out so far. But, what concerning the bottom line? Are you sure in regards to the supply?

  • online poker

    Good – I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs and related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your client to communicate. Excellent task..

  • location brabus

    I just couldn’t depart your site before suggesting that I actually enjoyed the standard info a person provide for your visitors? Is going to be back often to check up on new posts

  • situs poker online

    My coder is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on numerous websites for about a year and am anxious about switching to another platform. I have heard good things about blogengine.net. Is there a way I can import all my wordpress content into it? Any help would be greatly appreciated!

  • situs poker online

    I’m impressed, I need to say. Actually rarely do I encounter a weblog that’s each educative and entertaining, and let me tell you, you have got hit the nail on the head. Your idea is outstanding; the difficulty is one thing that not enough persons are speaking intelligently about. I am very completely satisfied that I stumbled throughout this in my seek for one thing regarding this.

  • poker

    Unquestionably believe that which you stated. Your favorite justification seemed to be on the internet the easiest thing to be aware of. I say to you, I certainly get annoyed while people consider worries that they just don’t know about. You managed to hit the nail upon the top and defined out the whole thing without having side effect , people can take a signal. Will likely be back to get more. Thanks

  • blancolån

    My brother recommended I might like this blog. He was totally right. This post truly made my day. You can not imagine just how much time I had spent for this information! Thanks!

  • 야마토게임다운로드

    Unquestionably believe that which you said. Your favorite reason seemed to be on the net the easiest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  • затворы sung do

    Hi there, just became aware of your blog through Google, and found that it is really informative. I am gonna watch out for brussels. I’ll appreciate if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  • 우리카지노 사이트

    Thank you so much for giving everyone an extraordinarily nice opportunity to read articles and blog posts from here. It really is so kind and packed with a good time for me and my office colleagues to search your site the equivalent of 3 times every week to read through the newest secrets you have. And lastly, I am also usually happy with the dazzling thoughts served by you. Selected 2 areas in this article are ultimately the best we’ve ever had.

  • 토토사이트

    We are a gaggle of volunteers and opening a new scheme in our community. Your site offered us with useful info to work on. You’ve performed a formidable job and our entire group will likely be grateful to you.

  • งานแต่งงาน

    naturally like your web site but you need to check the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless I will certainly come back again.

  • เช่าเต๊นท์

    you are actually a just right webmaster. The site loading speed is incredible. It kind of feels that you are doing any distinctive trick. Moreover, The contents are masterpiece. you’ve done a great job in this subject!

  • ww88

    The core of your writing while appearing reasonable at first, did not really settle very well with me personally after some time. Someplace throughout the sentences you managed to make me a believer unfortunately only for a short while. I still have a problem with your jumps in assumptions and one would do well to help fill in all those breaks. When you actually can accomplish that, I would surely end up being impressed.

  • 릴게임

    I will right away grab your rss as I can’t to find your email subscription hyperlink or newsletter service. Do you’ve any? Please let me realize in order that I may just subscribe. Thanks.

  • watch game of thrones free

    Hello There. I found your blog using msn. This is a very well written article. I’ll make sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll definitely return.

  • 우리카지노

    Hey! This is kind of off topic but I need some guidance from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about setting up my own but I’m not sure where to begin. Do you have any tips or suggestions? Many thanks

  • 먹튀 폴리스

    I have learned some new elements from your web page about computer systems. Another thing I’ve always assumed is that computer systems have become a product that each family must have for several reasons. They provide convenient ways to organize the home, pay bills, search for information, study, tune in to music and in many cases watch tv series. An innovative strategy to complete these types of tasks is to use a notebook. These desktops are portable ones, small, powerful and lightweight.

  • 메이저사이트

    I’ve been absent for a while, but now I remember why I used to love this web site. Thanks , I’ll try and check back more frequently. How frequently you update your site?

  • lifeguard certificate

    My partner and I absolutely love your blog and find the majority of your post’s to be precisely what I’m looking for. Do you offer guest writers to write content to suit your needs? I wouldn’t mind creating a post or elaborating on a number of the subjects you write concerning here. Again, awesome web site!

  • 먹튀폴리스

    Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Magnificent. I’m also a specialist in this topic therefore I can understand your effort.

  • 메이저토토사이트

    you are actually a just right webmaster. The website loading pace is incredible. It seems that you are doing any unique trick. Moreover, The contents are masterwork. you have performed a great activity in this subject!

  • 파워볼사이트

    I simply wanted to send a brief remark to be able to express gratitude to you for all of the nice hints you are giving on this website. My long internet lookup has now been rewarded with useful ideas to go over with my pals. I ‘d express that we readers are rather blessed to dwell in a wonderful network with very many brilliant individuals with very helpful hints. I feel quite happy to have come across your entire site and look forward to so many more excellent moments reading here. Thank you once more for everything.

  • 먹튀폴리스

    I would like to express my thanks to this writer just for rescuing me from this particular circumstance. Because of researching through the the net and obtaining tricks which were not helpful, I thought my life was gone. Existing without the presence of strategies to the issues you’ve solved through your blog post is a serious case, and ones which might have adversely damaged my entire career if I hadn’t come across your web site. Your own personal ability and kindness in taking care of every part was precious. I am not sure what I would’ve done if I had not come across such a point like this. It’s possible to at this point look ahead to my future. Thanks so much for this high quality and amazing guide. I won’t hesitate to refer the sites to anybody who requires recommendations about this problem.

  • nonton movie

    Hey there! I could have sworn I’ve been to this website before but after browsing through some of the post I realized it’s new to me. Nonetheless, I’m definitely glad I found it and I’ll be bookmarking and checking back frequently!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer