Hello I want to object to a witness being called. This witness may be presented as an expert in the accounting field. He is a CA.
The grounds for objection will start with the fact this person sat in on a meeting to try and come to a settlement.
The meeting resulted in a draft set of minutes. I did not agree to the Draft and did not sign any agreement.
It is my understanding that anything said at that meeting can not be heard in court because it would be privileged therefore this person would not be allowed to be a witness.
This person is being paid by the other side. He made comments in his report that are outside his field of expertise such as making statements on real-estate values and company valuations.
This person had provided a copy of his resume (C.V) with his expert report.There must have been an error while copying or printing his resume that made it unreadable.
I asked for a readable copy in December and had no reply. I did recevie a new copy with a copy of a sumplement report that was filed with the court.
It appears to be a copy of the same unreadable resume.
What are your thoughts?
If you have time to answer it would be appreciated Thank You.
I do have to go to court tomorrow and I think he will be called first.
Dvr
Copy of letter I may send later today.
April -------- 2007
Nova Scotia Supreme Court Family Division
Re: -------- Court file # ------------------------
On April 11, 2007 in the court room after court had adjourned Ms Lawyer - handed to me documents that included a copy of a letter dated April 11, 2007 with attachments (Mr -------------------- Report dated September ------, 2006 and C V) sent by her to the Nova Scotia Supreme Court Family Division.
-Mr---------- expert report and attached C.V dated July 24, 2006 was provided to me on or before the date as ordered in the Pre Trial Memo.
To set the record straight, as I recall on the opening of Court, --------------------- I raised the issue that other parts or supplements to Mr --------s report had just been received by me on that day.
As I recall the court advised me that the issue that I wanted to raise would have to wait until Mr -------is called to give evidence.
On ---------------------- 2006 I sent a letter to Ms Lawyer- with copies to Mr Expert-and the Supreme Court Family Division stating that I was in contact with an accounting firm to review Mr ----------- report and that I required a list of Items.
On ------------------ 2006 I sent another letter to Ms ---------- asking if it was their intention to reply to my request, still no reply.
Ms --------------states in her letter to the Supreme Court of Nova Scotia Family Division that Mr ----------- will be called as a witness.
Ms -----------is asking that Mr ----------- report be filed if it is not previously filed.
I do not understand the rules of the law or of the Court to the same extent as opposing counsel, however I will be objecting to ------------- being called as an expert witness; or as a witness.
I will be objecting to any and all letters, reports or other information of Mr ------- that may be presented as evidence.
I have enclosed the following Letters I sent to Ms -------------- dated November ------, 2006 and December ---------, 2006.
Excerpts out of the Book (The Law Of Evidence In Canada) by John Sopinka; Sidney N. Lederman; Alan W. Bryant; Second Edition and Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Yours truly,
Enclosures (4)
Letters I sent to Ms-------- dated November , 2006 and December , 2006.
Excerpts out of the Book (The Law Of Evidence In Canada) by John Sopinka; Sidney N. Lederman; Alan W. Bryant; Second Edition
Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Cc Ms lawyer
The grounds for objection will start with the fact this person sat in on a meeting to try and come to a settlement.
The meeting resulted in a draft set of minutes. I did not agree to the Draft and did not sign any agreement.
It is my understanding that anything said at that meeting can not be heard in court because it would be privileged therefore this person would not be allowed to be a witness.
This person is being paid by the other side. He made comments in his report that are outside his field of expertise such as making statements on real-estate values and company valuations.
This person had provided a copy of his resume (C.V) with his expert report.There must have been an error while copying or printing his resume that made it unreadable.
I asked for a readable copy in December and had no reply. I did recevie a new copy with a copy of a sumplement report that was filed with the court.
It appears to be a copy of the same unreadable resume.
What are your thoughts?
If you have time to answer it would be appreciated Thank You.
I do have to go to court tomorrow and I think he will be called first.
Dvr
Copy of letter I may send later today.
April -------- 2007
Nova Scotia Supreme Court Family Division
Re: -------- Court file # ------------------------
On April 11, 2007 in the court room after court had adjourned Ms Lawyer - handed to me documents that included a copy of a letter dated April 11, 2007 with attachments (Mr -------------------- Report dated September ------, 2006 and C V) sent by her to the Nova Scotia Supreme Court Family Division.
-Mr---------- expert report and attached C.V dated July 24, 2006 was provided to me on or before the date as ordered in the Pre Trial Memo.
To set the record straight, as I recall on the opening of Court, --------------------- I raised the issue that other parts or supplements to Mr --------s report had just been received by me on that day.
As I recall the court advised me that the issue that I wanted to raise would have to wait until Mr -------is called to give evidence.
On ---------------------- 2006 I sent a letter to Ms Lawyer- with copies to Mr Expert-and the Supreme Court Family Division stating that I was in contact with an accounting firm to review Mr ----------- report and that I required a list of Items.
On ------------------ 2006 I sent another letter to Ms ---------- asking if it was their intention to reply to my request, still no reply.
Ms --------------states in her letter to the Supreme Court of Nova Scotia Family Division that Mr ----------- will be called as a witness.
Ms -----------is asking that Mr ----------- report be filed if it is not previously filed.
I do not understand the rules of the law or of the Court to the same extent as opposing counsel, however I will be objecting to ------------- being called as an expert witness; or as a witness.
I will be objecting to any and all letters, reports or other information of Mr ------- that may be presented as evidence.
I have enclosed the following Letters I sent to Ms -------------- dated November ------, 2006 and December ---------, 2006.
Excerpts out of the Book (The Law Of Evidence In Canada) by John Sopinka; Sidney N. Lederman; Alan W. Bryant; Second Edition and Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Yours truly,
Enclosures (4)
Letters I sent to Ms-------- dated November , 2006 and December , 2006.
Excerpts out of the Book (The Law Of Evidence In Canada) by John Sopinka; Sidney N. Lederman; Alan W. Bryant; Second Edition
Case Law R. V. Abbey, 1982 CanLII 25 (S.C.C.)
Cc Ms lawyer
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