Federal Courts Rules

Marginal note:Admissibility of expert’s evidence

279 Unless the Court orders otherwise, no expert witness’s evidence is admissible at the trial of an action in respect of any issue unless

• (a) the issue has been defined by the pleadings or in an order made under rule 265;

• (b) an affidavit or statement of the expert witness prepared in accordance with subsection 258(5) has been served in accordance with subsection 258(1), rule 262 or an order made under rule 265; and

• (c) the expert witness is available at the trial for cross-examination.