LV v. KYL and DB – 2021 BCSC 1224

The following case is an example of the three expert rule that the BC Government imposed last year.

On August 10, 2020 Section 12 of the Evidence Act was revised to restrict the number of expert reports that may be tendered in what is defined in the Act as a “vehicle injury proceeding”.  Specifically, Section 12.1(2)(a) restricts expert evidence on the issue of vehicle injury damages to no more than 3 experts and no more than one report from each of those experts.  Section 12.1(5) gives the court authority, upon application by any party, to allow additional expert reports to be tendered, and/or more than one report from a single expert, provided the conditions of Section 12.1(6) are met; the subject matter of the additional evidence is not already addressed by another expert; or, “without the additional expert evidence, the party making the application would suffer prejudice disproportionate to the benefit of not increasing the complexity and cost of the proceeding.”

The full text of this Decision can be found here

The full Oral Ruling of this Application by Mr. Justice Kirchner, April 26, 2021, can be found here

Written by Stella Gowans, Paralegal