In Tran v. Cordero, the Plaintiff was injured in a motor vehicle collision, and subsequently brought an ICBC claim for non-pecuniary damages, as well as various other forms of damages. An issue arose at the Trial Management Conference with respect to the issue of admissibility of expert reports, and whether or not the presiding judge has jurisdiction to rule on such an issue. ICBC’S lawyer had objected to the admissibility of one of the Plaintiff‘s expert reports, and also submitted that the matter should be properly dealt with by the trial justice. The presiding justice at the Trial Management Conference, however, ruled otherwise, ruling that the issue could be decided by a justice or master at a Trial Management Conference.
[2] The second matter concerns an objection to admissibility of the plaintiff’s treating physician’s expert report. The defendants say that one of their objections to admissibility of this report is the relation, which is described as a familial one, between counsel and the plaintiff’s treating physician. That relation it is said may give rise to the issue of bias which would prevent the admission of the report. Counsel for the plaintiff says this has been known and not until today, at the Trial Management Conference, raised as a factor regarding admissibility of the report. The defendants say this is not a matter I can deal with, but must be left to the trial judge.
[3] I am advised that this is a ten day jury trial. In my view this objection is of such a fundamental nature to the ability of the trial proceeding fairly that it must be raised and determined prior to trial. In my view, the Court is clothed with the requisite jurisdiction under Rule 12-2(9). In the circumstances it would further the object of these rules, particularly the ability to justly, fairly, and efficiently determine the issues on the merits at trial, that if the defendants intend to rely on this objection, that the application must be made and set down for hearing prior to trial and within two weeks of today’s date. I so order.