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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)
Revision as of 21:08, 8 September 2023
, 21:08, 8 September 2023updated rule on expert evidence at CRT. Added format requirements for affidavits and Exhibit evidence under "Documentary Evidence"
(updated rule on expert evidence at CRT. Added format requirements for affidavits and Exhibit evidence under "Documentary Evidence") |
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 8, 2023}} | ||
{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
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2. Civil Resolution Tribunal | 2. Civil Resolution Tribunal | ||
Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party (''Civil Resolution Tribunal Rules'' [CRTR], Rule 8.3(7)). Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, | Experts giving evidence at a CRT hearing are there only to assist the tribunal and should not advocate for a particular side or party (''Civil Resolution Tribunal Rules'' [CRTR], Rule 8.3(7)). Expert evidence may only be relied on if the party relying on it provides it to all other parties, unless the tribunal decides otherwise, by the other deadline set by the case manager (''CRTR'', Rule 8.3(1)). In addition, the person providing it must provide their qualifications and it must be accepted by the tribunal as qualified by education, training, or experience to give that opinion (''CRTR'', Rule 8.3(2) and (3)). | ||
The case manager may require that a party providing written expert opinion evidence also provide a copy of the expert’s invoice and any correspondence relating to the requested opinion to every party (''CRTR'', Rule 8.3(4)) by a certain date. The tribunal can direct one or more parties to obtain expert opinion evidence and decide how the cost for these witnesses will be borne (''CRTR'', Rule 8.3(5) and (6)). | |||
For motor vehicle injury claims, the tribunal will determine whether additional expert evidence is reasonably necessary and proportionate through a consideration of factors which include: | For motor vehicle injury claims, the tribunal will determine whether additional expert evidence is reasonably necessary and proportionate through a consideration of factors which include: | ||
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Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated...”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?” | Before a document can be marked as an exhibit, it must be authenticated. The witness must identify its origins and that it is a true copy. Give the original document and a copy to the clerk and ask the clerk to show the original to the witness. Ask the witness to identify it: “I’m showing you a letter dated...”, “Do you recognize it?”, “Is this your signature?” or “Is it addressed to you?” When the witness has identified its origins and there are no objections, ask the judge to accept it as an exhibit: “May this be marked exhibit #1?” | ||
Unless the court orders otherwise, Affidavits and Exhibits in small claims proceedings must be no longer than 25 pages in total, cannot be provided on a USB stick or other electronic data storage device, including a video or audio file. For more rules on the content and format of documentary evidence, see https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/SMCL03.pdf. | |||
:'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371). | :'''NOTE:''' In exceptional circumstances, the judge may permit a witness to provide evidence by affidavit rather than testifying at trial (''[http://canlii.ca/t/1l561 Withler and Fitzsimonds v Attorney General (Canada)]'', 2005 BCSC 1044 (CanLII), para 18; and ''[http://canlii.ca/t/fkr60 Sangha v Reliance]'', 2011 BCSC 371). | ||
