Can opinion evidence be admitted in a certification application?
British Columbia, Canada
The following excerpt is from Bhangu v Honda Canada Inc., 2021 BCSC 794 (CanLII):
As a certification application does not seek a final order, hearsay is permissible as long as the source of the information and belief is given. A court may admit opinion evidence from a lay witness if: (1) the witness has personal knowledge of the observed facts that support the inference; (2) the witness is in a better position than the court to draw the inference; and (3) the facts cannot be narrated as effectively without expressing the opinion: Fontaine v. Canada (Attorney General), 2015 BCSC 1597 at para. 41.
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