What is the test for admissibility of expert reports containing hearsay evidence?
British Columbia, Canada
The following excerpt is from Teichroeb v. Manitoba Public Insurance et al., 2014 BCPC 222 (CanLII):
The decision of Mazur v. Lucas deals with the admissibility of expert reports containing hearsay evidence. It is in relation to medical expert reports and not specifically with accelerated depreciation. The law on this issue was summarized by the court and included the following: …. The weight the trier of fact places on the opinion of the expert may depend on the degree to which the underlying assumptions have been proven by other admissible evidence. Where the hearsay evidence (such as the opinion of other physicians) is an accepted means of decision making within the expert’s expertise, the hearsay may have greater reliability. Page 14
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
Does a defendant have to match expert for expert and report for report? (British Columbia, Canada)
Is hearsay evidence admissible to support an expert's opinion? (British Columbia, Canada)
Is hearsay evidence admissible in a report? (British Columbia, Canada)
Does the late filing of an expert report under the BCSC's Disjunctive Expert Report Rule permit late filing? (British Columbia, Canada)
Is there any error on the face of the record on the basis of hearsay information contained in an expert report? (British Columbia, Canada)
Can a notice of objection to the admissibility of an expert report be struck out? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Can the requirement to deliver an expert report within 84 days (or a response report in 42 days) be dispensed with? (British Columbia, Canada)
