Difference between revisions of "Family Law Trials in Provincial Court"

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Expert evidence is a form of opinion evidence that is admissible in court due to the specialized education, training, skills, certification, or experience of the person providing the opinion and would not otherwise be within the judge’s knowledge. Experts can provide opinion evidence about many types of issues such as a person’s medical and/or psychological condition, whether a party’s income earning capacity is impaired due to physical injuries or psychological conditions, the level of income a person is capable of earning (i.e.: in their business or their field of employment), and the like.   
Expert evidence is a form of opinion evidence that is admissible in court due to the specialized education, training, skills, certification, or experience of the person providing the opinion and would not otherwise be within the judge’s knowledge. Experts can provide opinion evidence about many types of issues such as a person’s medical and/or psychological condition, whether a party’s income earning capacity is impaired due to physical injuries or psychological conditions, the level of income a person is capable of earning (i.e.: in their business or their field of employment), and the like.   


If you intend to introduce expert evidence at trial, you must serve a written summary of the expert’s evidence on the other party at least 30 days before the expert is called to give evidence or a judge grants permission (see Rule 11(3) of the Provincial Court (Family) Rules).  Instead of calling the expert to testify at trial, a party can introduce the evidence by way of a written report of the expert (setting out the expert’s opinion) as long as the party serves a copy of the report on all other parties at least 30 days before the expert is called to give evidence (see Rule 11(4) of the Provincial Court (Family) Rules).  The report must also include a statement of the qualifications of the expert.   
If you intend to introduce expert evidence at trial, read Rule 11(3) of the Provincial Court (Family) Rules. You normally serve the other party with a written summary of the expert’s evidence at least 30 days before the expert is going to be called on to give evidence. Otherwise you need a judge to grant you permission.  Instead of calling the expert to testify at trial, a party can introduce a written report of the expert (setting out the expert’s opinion) as long as the party serves a copy of the report on all other parties at least 30 days before the report is introduced (see Rule 11(4) of the Provincial Court (Family) Rules).  The report must also include a statement of the qualifications of the expert.   
 
The other party can require that the expert be available for cross-examination at trial. See Rule 11(7) and Rule 11(8) of the Provincial Court (Family Rules. The party that demands this may be ordered to pay for the expert to attend at trial (including travel costs, a meal allowance, and the expert’s time at their hourly rate).


The other party can require that the expert be available for cross-examination at trial (see Rule 11(7) of the Provincial Court (Family Rules), although that party may be ordered to pay the expense of the expert’s attendance at trial (which could include travel costs, a meal allowance, and the expert’s time (at their hourly rate). See Rule 11(8) of the Provincial Court (Family) Rules).
Because expert reports have to be served on the other party at least 30 days before the trial date and can be expensive, it is important to consider early on in your case whether you will need expert evidence at trial.  In addition, because there are specific requirements about the use of expert evidence and the form it must take, if you think you might need an expert, this would be a good issue to talk to a lawyer about.  The lawyer would likely also be able to help you with choosing an expert and preparing the instructions to the expert.
Because expert reports have to be served on the other party at least 30 days before the trial date and can be expensive, it is important to consider early on in your case whether you will need expert evidence at trial.  In addition, because there are specific requirements about the use of expert evidence and the form it must take, if you think you might need an expert, this would be a good issue to talk to a lawyer about.  The lawyer would likely also be able to help you with choosing an expert and preparing the instructions to the expert.


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