Federal court | Evidence
Examination of witnesses
Rebuttal
Recalling expert witness to testify amounted to case-splitting
Plaintiffs’ expert witness L supplied report and testimony on effect of use of lake as reservoir for hydroelectric generation and water control purposes on First Nation. Crown provided report from expert witness R. After R was qualified as expert, Crown sought to have additional documents entered as exhibits. Plaintiffs objected on grounds documents did not form part of R’s report. R was permitted to testify on additional documents. At conclusion of R’s testimony, plaintiffs renewed objection to additional documents and indicated wish to recall L to testify. Plaintiffs were directed to have L prepare supplementary report outlining evidence to be tendered. Plaintiffs brought motion for order permitting recall of L as witness. Motion dismissed. Recalling L to testify amounted to case-splitting. L’s proposed testimony addressed matters not currently in evidence or addressed matters L had every opportunity to address in initial reports or oral evidence. Alleged inaccuracies in data presented by R or in additional documents could be addressed by counsel. Certain proposed corrections were irrelevant and unnecessary. R’s report was delivered years ago and L previously responded to it.
Lac Seul Band of Indians v. Canada (2017), 2017 CarswellNat 213, 2017 FC 75, Russel W. Zinn J. (F.C.).
Rebuttal
Recalling expert witness to testify amounted to case-splitting
Plaintiffs’ expert witness L supplied report and testimony on effect of use of lake as reservoir for hydroelectric generation and water control purposes on First Nation. Crown provided report from expert witness R. After R was qualified as expert, Crown sought to have additional documents entered as exhibits. Plaintiffs objected on grounds documents did not form part of R’s report. R was permitted to testify on additional documents. At conclusion of R’s testimony, plaintiffs renewed objection to additional documents and indicated wish to recall L to testify. Plaintiffs were directed to have L prepare supplementary report outlining evidence to be tendered. Plaintiffs brought motion for order permitting recall of L as witness. Motion dismissed. Recalling L to testify amounted to case-splitting. L’s proposed testimony addressed matters not currently in evidence or addressed matters L had every opportunity to address in initial reports or oral evidence. Alleged inaccuracies in data presented by R or in additional documents could be addressed by counsel. Certain proposed corrections were irrelevant and unnecessary. R’s report was delivered years ago and L previously responded to it.
Lac Seul Band of Indians v. Canada (2017), 2017 CarswellNat 213, 2017 FC 75, Russel W. Zinn J. (F.C.).
