Online Practice Manuals

R. v. Mohan

• 1994 CanLII 80 (SCC)
  • Go to CanLII for full text

The above case is referenced within:

1. British Columbia Administrative Law Practice Manual (Current to: May 01 2023)
   • Chapter 7. Evidence in Administrative Law Proceedings
     • VIII. Receipt of Evidence by the Tribunal [§7.11]
       • F. Expert Evidence [§7.17]
2. British Columbia Business Disputes (Current to: August 01 2016)
   • Chapter 11. Product Liability
     • VI. Evidentiary Issues [§11.58]
       • C. Expert Evidence at Trial [§11.61]
3. British Columbia Civil Trial Handbook (Current to: August 08 2024)
   • Chapter 3. Investigating the Civil Case and Gathering Evidence
     • III. Sources of Testimonial Evidence [§3.3]
       • D. Retaining Experts [§3.20]
         • 1. When to Seek Expert Evidence [§3.21]
   • Chapter 5. Pre-trial Case Management in Civil Cases
     • IV. Managing the Progress of the Civil Case [§5.6]
       • E. Consider Whether Expert Evidence Is Required [§5.11]
   • Chapter 11. Objections at Trial
     • V. Common Objections [§11.20]
       • B. Common Objections to Witness Evidence [§11.26]
         • 7. Prejudice/Probative Value (Common Objections to Witness Evidence) [§11.33]
       • C. Expert Evidence [§11.41]
4. British Columbia Family Practice Manual (Current to: February 01 2025)
   • Chapter 14. Conducting a Family Law Trial in Supreme Court
     • III. Reviewing the Family File in Preparation for Trial [§14.7]
       • F. Using Expert Reports in the Family Law Trial [§14.13]
         • 5. Requirements of Expert Evidence Generally [§14.18]
5. British Columbia Motor Vehicle Accident Claims Practice Manual (Current to: February 01 2025)
   • Chapter 10. Defences
     • III. Contributory Negligence [§10.5]
       • D. Application of Contributory Negligence [§10.9]
         • 4. Expert Evidence and the Seatbelt Defence [§10.21]
           • b. Substantive Admissibility of Expert Evidence [§10.23]
           • c. Nature of the Expert Opinion [§10.24]
   • Chapter 13. Assessment of Damages in Motor Vehicle Accident Claims
     • II. Non-Pecuniary General Damages in Personal Injury Actions [§13.2]
       • F. Mild Traumatic Brain Injury [§13.12]
6. Civil Appeal Handbook (Current to: February 01 2025)
   • Chapter 2. Standards of Review
     • VIII. Standard of Review Analysis: Specific Cases [§2.8]
       • Y. Trial Proceedings [§2.64]
         • 1. The Receipt of Evidence and the Rules of Evidence [§2.65]
7. Civil Jury Instructions (Current to: November 01 2024)
   • Chapter 26. Expert Evidence—General—CIVJI 4.20
     • III. Expert Evidence Rule [§26.3]
8. Estate Disputes in British Columbia: A Litigator’s Guide (Current to: January 01 2025)
   • Chapter 6. Proceeding with Estate Litigation
     • IV. Evidence in Estate Litigation Proceedings [§6.42]
       • A. Admissibility of Evidence in Estate Litigation Proceedings [§6.43]
         • 2. Medical Evidence [§6.45]
           • b. Expert Opinion Evidence [§6.47]
9. Expert Evidence in British Columbia Civil Proceedings (Current to: June 01 2025)
   • Chapter 1. Expert Evidence in the Context of the Law of Evidence at Large
     • III. Admissibility of Expert Evidence [§1.15]
       • A. White Burgess Two-Stage Test [§1.16]
       • B. Stage One: The Four-Part Mohan Test [§1.17]
         • 1. Evidence Must Be Relevant [§1.18]
         • 2. Evidence Must Be Necessary to Assist the Trier of Fact [§1.19]
         • 3. Does Another Rule of Evidence Exclude the Expert Opinion? [§1.20]
           • a. Character Evidence Rule [§1.21]
         • 4. Expert Must Be Properly Qualified [§1.25]
     • VI. Effective Use of Expert Evidence [§1.31]
       • B. Experts Summarize Extensive Information [§1.33]
     • VII. Expert Evidence and Procedural Reform [§1.38]
   • Chapter 2. What Is an Expert?
     • I. Introduction to the Expert Witness [§2.1]
     • III. Limits on Expert Testimony [§2.8]
       • A. An Expert May Not Advance Unreliable Novel Scientific Theories [§2.9]
       • B. An Expert May Not Make Express Conclusions of Law [§2.10]
     • IV. The Ultimate Issue Rule [§2.17]
       • A. Avoiding Usurpation of the Court’s Function [§2.18]
       • B. The Ultimate Issue Rule Impugned [§2.19]
         • 1. Ultimate Issue or Unnecessary Evidence? [§2.20]
   • Chapter 3. Choosing an Expert
     • III. The Expert’s Qualifications [§3.3]
       • A. Who Is an Expert? [§3.4]
       • B. The Expert’s Academic Credentials [§3.5]
       • E. The Client or Client’s Agent as Expert [§3.8]
   • Chapter 4. Expert Opinions and Ethical and Professional Responsibility Issues
     • II. British Columbia’s Approach to Expert Evidence [§4.2]
   • Chapter 5. Instructing the Expert Witness
     • IV. Specific Sources of Information Relied Upon by Experts [§5.15]
       • C. The Expert’s Reliance on Authoritative Works [§5.28]
         • 4. Novel Scientific Theory [§5.32]
   • Chapter 6. Preparation of the Written Expert Opinion and Disclosure Pre-Trial
     • I. Written Reports of Expert Opinion [§6.1]
       • A. Supreme Court Civil Rules Part 11 [§6.2]
     • III. Expert Opinions in Other Civil Proceedings [§6.24]
       • F. Expert Evidence in Labour Arbitrations [§6.30]
   • Chapter 7. Calling Expert Evidence
     • III. Calling the Expert Witness at Trial [§7.3]
       • A. Qualifying the Witness as an Expert [§7.4]
         • 2. Establishing the Expert’s Requisite Qualifications [§7.6]
         • 6. Questions to Ask to Qualify the Expert [§7.10]
   • Chapter 8. Attacking Expert Evidence
     • II. Challenging Expert Evidence on Threshold Issues [§8.2]
       • B. Evidence Must Be Relevant [§8.4]
       • C. Evidence Must Be Necessary [§8.5]
     • III. Challenging the Expert’s Qualifications [§8.7]
       • A. Expert’s Special Knowledge and Experience [§8.8]
     • VI. Challenging Expert Evidence through Other Avenues of Attack [§8.20]
       • G. Challenging the Opinion as Offending the Ultimate Issue Rule [§8.37]
   • Chapter 10. Expert Evidence and Administrative Tribunals
     • I. The Admissibility of Evidence Before Administrative Tribunals [§10.1]
       • C. Admissibility of Expert Evidence Before Administrative Tribunals [§10.7]
         • 1. At Common Law [§10.8]
     • II. Expert Evidence Before an Expert Panel [§10.13]
       • A. Circumstances Necessitating Expert Evidence Despite Tribunal Expertise [§10.14]
     • III. The “Expert” Before an “Expert” Panel [§10.16]
10. Family Law Sourcebook for British Columbia (Current to: October 15 2024)
    • Chapter 10. Evidence in Family Law Matters
      • I. Expert Evidence in Family Law Cases [§10.1]
        • C. Admissibility of Expert Evidence in Family Law Cases [§10.4]
11. Introducing Evidence at Trial: A British Columbia Handbook (Current to: September 01 2024)
    • Chapter 1. The Basic Concepts of the Law of Evidence
      • VI. Consider Exclusionary Rules of Evidence [§1.6]
        • B. Opinion Evidence [§1.8]
    • Chapter 6. Character Evidence
      • II. Evidence of the Accused’s Good Character in Criminal Trials [§6.2]
        • A. Types of Evidence of the Accused’s Good Character [§6.3]
          • 3. Expert Opinion Evidence [§6.6]
    • Chapter 9. Confessions and Admissions of Accused Persons and Civil Parties
      • II. Voluntariness of a Confession [§9.2]
        • B. Voir Dire on Voluntariness of a Confession [§9.9]
          • 2. Examination and Cross-examination on the Voir Dire on Voluntariness [§9.11]
    • Chapter 16. Opinion Evidence
      • II. Admissibility of Expert Opinion Evidence [§16.2]
        • A. Criteria for Admissibility of Expert Opinion [§16.3]
          • 2. Necessity [§16.5]
          • 3. Qualified Expert [§16.6]
        • E. Introducing an Expert Opinion at Trial [§16.10]
          • 2. Calling the Expert to Give Viva Voce Testimony [§16.12]
          • 3. Qualifying the Expert Witness [§16.13]
        • F. Challenging Expert Evidence [§16.16]
12. Provincial Court Small Claims Handbook (Current to: July 15 2023)
    • Chapter 6. Trial Preparation in Small Claims Provincial Court
      • III. Witnesses at Trial [§6.5]
        • C. Expert Witnesses [§6.12]
          • 1. Preparing Expert Evidence [§6.13]