Can an opinion or opinion be excluded from evidence at trial?
British Columbia, Canada
The following excerpt is from MacEachern v. Rennie, 2009 BCSC 955 (CanLII):
The fact is that the CN Defendants, and indeed all the parties, are now in possession of the Internal Inquiry documents. The question now to be determined is whether those documents, and any opinion evidence based on them, should be excluded from evidence at trial. On the material before me, I am not satisfied that the process by which they were obtained, even if irregular, provides a sufficient basis for exclusion: Schmidt v. Pu, (1994) CanLII 3014 (B.C.S.C.).
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