Federal Courts Rules

Marginal note:Evidence adduced by affidavit

• 299 (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed

  • (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and

  • (b) in the case of evidence of a defendant, at least 10 days before the trial.

• Marginal note:Admissibility of expert’s evidence

  (1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness 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 a statement in writing signed by the expert witness and accompanied by a solicitor’s certificate, that sets out in full the proposed evidence has been served on all other parties at least 60 days before the commencement of the trial; and

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

• Marginal note:Admissibility of rebuttal evidence

  (1.2) Except with leave of the Court, no expert’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit, or a statement in writing signed by the expert witness and accompanied by a solicitor’s certificate, that sets out in full the rebuttal evidence has been served on all other parties at least 30 days before the commencement of the trial.

• Marginal note:Witness to be made available

  (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.

• Marginal note:Reply evidence

  (3) Reply evidence, including that of an expert witness, may be provided orally at trial.