Can an expert's report be considered "truly responsive" evidence?
British Columbia, Canada
The following excerpt is from Hamilton v. Demandre, 2010 BCSC 1914 (CanLII):
More recently, the same issue was considered by Justice Cullen in Luedecke v. Hillman, 2010 BCSC 1538, an appeal from a master’s order which allowed an examination to provide “truly responsive” evidence. The court upheld the master's order, determining that the necessary evidentiary basis for an examination was found in the material presented. In doing so, the court confirms that: To reach the requisite threshold under Rule 11-6(4) the applicant must establish a basis of necessity for the examination to properly respond to the expert witness whose report is served under subrule (3) by the other party: para. 54.
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