Acts and Regulations

E-11 - Evidence Act

Full text
Written report or finding of facts of expert
50(1)Subject to subsection (2), a written report or finding of facts prepared by an expert not being a party to the cause, nor an employee of a party, except for the purposes of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting wholly or partly from information furnished by the cooperation of two or more persons acting for a common purpose, is, in so far as the same may be relevant, admissible when testified to by the person, or one of the persons, making such report or finding without calling as witnesses the persons furnishing the information, and without producing the books or other writings on which the report or finding is based, if, in the opinion of the court, no substantial injustice will be done the opposite party.
50(2)Such report or finding is not admissible unless a reasonable time before offering the same in evidence the party offering it has given notice to the adverse party of his intention to offer it in evidence together with a copy of the report or finding, or so much thereof as may relate to the controversy, and has also afforded the adverse party a reasonable opportunity to inspect and copy any records or other documents in the offering party’s possession or control, on which the report or finding was based, and also the names of all persons furnishing facts upon which the report or finding was based, except that it may be admitted if the court finds that no substantial injustice would result from the failure to give such notice.
50(3)Any person who has furnished any information on which such report or finding is based may be called as a witness and cross-examined by the adverse party, but the fact that his testimony is not obtainable does not render the report or finding inadmissible, unless the court finds that substantial injustice would be done to the adverse party by its admission.
1960, c.29, s.4