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Difference between revisions of "Small Claims Trial Preparation (20:XIII)"
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Small Claims Trial Preparation (20:XIII) (view source)
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 12, 2022}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
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Whether expert evidence is necessary is a contextual consideration and it can sometimes be unclear when it is required; however, it can be very important as a failure to provide expert evidence when it is required can result in the failure of a party’s claim. If you are unsure about whether you need expert evidence for your claim, seek legal advice. | Whether expert evidence is necessary is a contextual consideration and it can sometimes be unclear when it is required; however, it can be very important as a failure to provide expert evidence when it is required can result in the failure of a party’s claim. If you are unsure about whether you need expert evidence for your claim, seek legal advice. | ||
Expert evidence is generally required to establish the standard of care of a professional, such as a contractor. The main exceptions to this rule are when the professional’s work was obviously substandard or when the issue is not technical [(https://canlii.ca/t/hxlzj Schellenberg v. Wawanesa Mutual Insurance Company, 2019 BCSC 196)]. | |||
The expert’s testimony cannot include the expert’s assessment of the credibility of either the claimant or the defendant (''Movahed v Leung'', [1998] BCJ No. 1210; [http://canlii.ca/t/5c62 ''Brough v Richmond'', 2003 BCSC 512]; and [http://canlii.ca/t/1w9v9 ''Campbell v Sveinungsen'', 2008 BCSC 381]). Expert witness testimony is inadmissible if it relates to issues that the court is capable of understanding and analyzing without assistance (''Sengbusch v Priest'', [1987] 14 BCLR (2d) 26 (BCSC)). | The expert’s testimony cannot include the expert’s assessment of the credibility of either the claimant or the defendant (''Movahed v Leung'', [1998] BCJ No. 1210; [http://canlii.ca/t/5c62 ''Brough v Richmond'', 2003 BCSC 512]; and [http://canlii.ca/t/1w9v9 ''Campbell v Sveinungsen'', 2008 BCSC 381]). Expert witness testimony is inadmissible if it relates to issues that the court is capable of understanding and analyzing without assistance (''Sengbusch v Priest'', [1987] 14 BCLR (2d) 26 (BCSC)). | ||
For more information on expert testimony, see the Provincial Court’s Small Claims Guide (https://www.provincialcourt.bc.ca/downloads/smallclaims/Small%20Claims%20Guide.pdf). Expert evidence is addressed on pages 11-13 and sample expert reports are provided on pages 56-60 and 65-66. | |||
=== 1. Small Claims === | === 1. Small Claims === | ||
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== C. Witness Preparation == | == C. Witness Preparation == | ||
For Small Claims trials, a party should review the evidence of its witnesses at least one week before trial and confirm the witnesses’ attendance. Witnesses should understand how a trial is conducted, the role of a witness, and the requirement that witnesses tell the truth. | |||
CRT disputes on the other hand, are almost always done in writing. Therefore, witnesses should provide signed statements setting out their evidence. | |||
=== 1. Ensuring Attendance === | === 1. Ensuring Attendance === | ||
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'''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgment in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA). | '''NOTE:''' A judge may examine and compare headshots or handwriting, but should only place very limited weight on their own judgment in these situations (''[http://canlii.ca/t/1fr59 R. v Nikolovski]'',[1996] CanLII 158 SCC; and ''[http://canlii.ca/t/6hcz R. v Abdi]'', [1997] CanLII 4448 Ont CA). | ||
The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules (effective May 1, 2021)'', Rules 9.1). As such evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/ | The CRT decides whether the hearing is held in writing, orally, or a combination of the two (''CRT Rules (effective May 1, 2021)'', Rules 9.1). CRT disputes are almost always done in writing. As such evidence rules differ from those at Court. Refer to Part 8 of the CRT Rules for information about evidence: https://civilresolutionbc.ca/resources/rules-and-policies/. | ||
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