Ken McEwan, K.C. and Kelly Ann Maw successful in striking purported expert evidence from the record on a class certification motion

In 0700482 B.C. Ltd. v KBK No. 11 Ventures Ltd. et al, the court found that expert evidence proffered by the defendant in defence of a certification application did not meet the threshold requirements for the admissibility of independent expert evidence as required by authority due to the lack of the expert’s independence from the defendant and the claim.  The reasons for judgment may be found here (2021 BCSC 1301).

In an earlier ruling, the court held that while normally cross-examination in the context of a certification application is rare, it was warranted on the issue of the independence of the expert.  The reasons for the earlier ruling may be found here (2021 BCSC 1203).