Is there any error on the face of the record on the basis of hearsay information contained in an expert report?
British Columbia, Canada
The following excerpt is from Tobem Projects Ltd. v. 453259 B.C. Ltd., 1999 CanLII 845 (BC SC):
In a circumstance where it was clear from the record the only evidence in respect of the existence of the deficiencies was the hearsay information contained within the expert report it might be said there was error on the face of the record within the meaning apparent from the judgment of Mr. Justice Ritchie in The City of Saint John v. Irving Oil Company Limited, [1966] 1 S.C.R. 581 at 587-590].
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