Online Practice Manuals

R. v. Marquard

• 1993 CanLII 37 (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. Canadian Criminal Jury Instructions (Current to: September 01 2024)
   • Chapter 48. Children’s Testimony—CRIMJI 4.65
     • III. Special Directions [§48.3]
       • A. Supporting Evidence [§48.4]
   • Chapter 127. Unfit to Stand Trial on Account of Mental Disorder (ss. 672.22 to 672.32) —CRIMJI 8.28
     • II. Instructions to the Jury after Hearing the Evidence and Counsel’s Submissions [§127.8]
       • G. Unable to Conduct a Defence [§127.15]
3. Civil Jury Instructions (Current to: November 01 2023)
   • Chapter 19. Evaluation of the Evidence—Testimony of Children—Sworn—CIVJI 4.13
     • V. Corroboration [§19.5]
   • Chapter 26. Expert Evidence—General—CIVJI 4.20
     • VI. First Step—Qualifications and Impartiality [§26.6]
4. 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]
       • E. Expert Must Be Properly Qualified [§1.24]
     • VI. Effective Use of Expert Evidence [§1.29]
       • A. Experts Introduce Learned Treatises [§1.30]
   • Chapter 2. What Is an Expert?
     • III. Limits on Expert Testimony [§2.8]
       • E. Experts May Not Opine on Issues Outside Their Areas of Expertise [§2.13]
     • IV. The Ultimate Issue Rule [§2.17]
       • A. Avoiding Usurpation of the Court’s Function [§2.18]
   • 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]
       • C. Correlating the Expert Opinion with the Qualifications [§3.5]
   • Chapter 5. Briefing the Expert Witness
     • II. Sources of the Expert’s Information [§5.3]
       • A. The Expert’s Reliance on Hearsay in Forming Their Opinions [§5.4]
         • 5. Quotations from Learned Treatises in Expert Opinions [§5.9]
       • D. The Expert’s Reliance on Authoritative Works [§5.17]
         • 2. Cross-examination on Authoritative Works [§5.19]
         • 3. Rejection of Authoritative Works and Treatises [§5.20]
     • III. Preparing the Expert for Appearance at Trial [§5.22]
       • A. The Expert’s Qualifications and Experience [§5.23]
   • Chapter 8. Attacking Expert Evidence
     • III. Challenging the Expert’s Qualifications [§8.7]
       • A. Expert’s Special Knowledge and Experience [§8.8]
       • E. Scope of Expertise [§8.12]
         • 1. Required Expertise to Opine on Issues in the Case [§8.13]
     • VI. Challenging Expert Evidence through Other Avenues of Attack [§8.20]
       • A. Challenging Facts on Which the Opinion Is Based [§8.21]
         • 4. Scientific Data [§8.27]
5. Introducing Evidence at Trial: A British Columbia Handbook (Current to: September 01 2020)
   • Chapter 6. Child Witnesses
     • III. Competency or Capacity of a Child to Testify [§6.3]
       • A. Presumption of Capacity in Criminal Trials [§6.4]
       • C. Presumption of Incompetency in Civil Trials [§6.6]
     • VIII. Approach to Closing Arguments—Assessing the Impact of a Child’s Evidence [§6.13]
     • IX. Further Reading on Child Witnesses [§6.14]
   • Chapter 13. Opinion Evidence
     • II. Admissibility of Expert Opinion Evidence [§13.2]
       • E. Introducing an Expert Opinion at Trial [§13.10]
         • 3. Qualifying the Expert Witness [§13.13]
6. 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]