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: July 01 2021)
   • 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 12. Objections at Trial
     • V. Common Objections [§12.19]
       • B. Common Objections to Witness Evidence [§12.25]
         • 7. Prejudice/Probative Value (Common Objections to Witness Evidence) [§12.32]
       • C. Expert Evidence [§12.39]
4. British Columbia Family Practice Manual (Current to: February 01 2023)
   • Chapter 12. Conducting a Family Law Trial in Supreme Court
     • III. Reviewing the Family File in Preparation for Trial [§12.7]
       • F. Using Expert Reports in the Family Law Trial [§12.13]
         • 5. Requirements of Expert Evidence Generally [§12.18]
5. British Columbia Motor Vehicle Accident Claims Practice Manual (Current to: February 01 2024)
   • 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]
6. Civil Appeal Handbook (Current to: January 01 2023)
   • Chapter 2. Standards of Review
     • VII. Standard of Review Analysis: Specific Cases [§2.7]
       • X. Trial Proceedings [§2.62]
         • 1. The Receipt of Evidence and the Rules of Evidence [§2.63]
7. Civil Jury Instructions (Current to: November 01 2023)
   • 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 15 2024)
   • 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: July 01 2021)
   • Chapter 1. Expert Evidence in the Context of the Law of Evidence at Large
     • III. Admissibility of Expert Evidence [§1.15]
       • A. The Four-part “Mohan” Test [§1.16]
       • B. Evidence Must Be Relevant [§1.17]
       • C. Evidence Must Be Necessary to Assist the Trier of Fact [§1.18]
       • D. Does Another Rule of Evidence Exclude the Expert Opinion? [§1.19]
         • 1. Character Evidence Rule [§1.20]
       • E. Expert Must Be Properly Qualified [§1.24]
     • VI. Effective Use of Expert Evidence [§1.29]
       • B. Experts Summarize Extensive Information [§1.31]
     • VII. Expert Evidence and Procedural Reform [§1.36]
   • 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
     • II. The Expert’s Qualifications [§3.2]
       • A. Who Is an Expert? [§3.3]
       • B. The Expert’s Academic Credentials [§3.4]
       • E. The Client or Client’s Agent as Expert [§3.7]
   • Chapter 4. Expert Opinions and Ethical and Professional Responsibility Issues
     • II. British Columbia’s Approach to Expert Evidence [§4.2]
     • III. Specific Ethical and Professional Responsibility Issues [§4.5]
       • A. Expert, Not Advocate, for Any Party [§4.6]
   • Chapter 5. Briefing the Expert Witness
     • II. Sources of the Expert’s Information [§5.3]
       • D. The Expert’s Reliance on Authoritative Works [§5.17]
         • 4. Novel Scientific Theory [§5.21]
   • Chapter 6. Pre-trial Disclosure of Expert Opinions and Related Matters
     • I. Written Reports of Expert Opinion [§6.1]
       • B. Intent of the Rules Governing Expert Evidence [§6.3]
     • III. Expert Opinions in Other Civil Proceedings [§6.22]
       • E. Expert Evidence in Labour Arbitrations [§6.27]
   • 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]
       • A. General Criteria for Admissibility of Expert Evidence [§8.3]
       • 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]
       • D. Challenging the Expert’s Objectivity [§8.32]
       • G. Challenging the Opinion as Offending the Ultimate Issue Rule [§8.37]
   • Chapter 10. Expert Evidence and Administrative Tribunals
     • I. The Nature of Administrative Tribunals and Expert Evidence [§10.1]
     • III. The Requirement of Natural Justice [§10.3]
     • IV. The Expertise of the Panel [§10.4]
       • A. What Ability Does a Panel Have to Prefer Its Own Expertise? [§10.5]
10. Family Law Sourcebook for British Columbia (Current to: October 15 2023)
    • 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 2020)
    • Chapter 1. The Basic Concepts of the Law of Evidence
      • V. Consider Exclusionary Rules of Evidence [§1.5]
        • B. Opinion Evidence [§1.7]
    • Chapter 8. Confessions and Admissions of Accused Persons
      • II. Voluntariness of a Confession [§8.2]
        • B. Voir Dire on Voluntariness of a Confession [§8.9]
          • 2. Examination and Cross-examination on the Voir Dire on Voluntariness [§8.11]
    • Chapter 13. Opinion Evidence
      • II. Admissibility of Expert Opinion Evidence [§13.2]
        • A. Criteria for Admissibility of Expert Opinion [§13.3]
          • 3. Qualified Expert [§13.6]
        • E. Introducing an Expert Opinion at Trial [§13.10]
          • 2. Calling the Expert Witness [§13.12]
          • 3. Qualifying the Expert Witness [§13.13]
        • F. Challenging Expert Evidence [§13.16]
    • Chapter 30. Character Evidence
      • II. Evidence of the Accused’s Good Character in Criminal Trials [§30.2]
        • A. Types of Evidence of Good Character [§30.3]
          • 3. Expert Opinion Evidence [§30.6]
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]