[12] In any event, the proposed evidence is also truly
responsive as a rebuttal to the opinion of another expert witness called by the CN defendants, Dr. Baker, whose report entered at Tab 1 of Exhibit 61 states:
Not exact matches
I would restrict, of course,
as courts I think must, the practice of having opinion evidence without notice strictly to truly
responsive rebuttal evidence, and I think that if that rule is carefully observed, there should be no difficulties.
There are limits on
rebuttal evidence, however, and one such limit is that the evidence called in
rebuttal must be truly
responsive to the other sides case
as opposed to addressing the points that needed to be proven in the «case in chief `.
The third condition in the order is directed to the third party calling an independent medical examiner «for
rebuttal evidence» I understand from counsel that this refers not to
rebuttal evidence
as generally understood, but to evidence that is purely
responsive to medical evidence which the plaintiff has led
as part of her case.
[50] In C.N. Rail, supra, Henderson J. was dealing with
rebuttal evidence in the classic sense described by Southin J.A. in Sterritt v. McLeod, supra,
as simply evidence
responsive to some point in the oral evidence of the witness called by the defendant.