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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-17-2007, 06:20 AM
dvr dvr is offline
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Default objection to witness/expert witness

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
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Old 04-17-2007, 08:08 AM
logicalvelocity logicalvelocity is offline
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dvr,

Quote:
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.
Did the parties sign an agreement beforehand that this negotiation meeting was closed session? If not, anything said could be brought up in future proceedings.

Quote:
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.
Contradict their level of expertise with your own expert such as having property appraisals and valuations if you have time.

Quote:
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.
Since it appears that you have run out of time; You could always ask them for their credentials during the hearing. You could also present to the court that you have requested a legible copy of the individuals resume but as of this date the other party has not been co-operative. Additionally, you could ask them how they how they became an expert on issues outside their field of practice.


lv
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