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E-25 - Act respecting expropriation
Section 55
Disposition versions
55. Except with the parties’ consent, no expert evidence may be produced as evidence at the hearing unless it has been disclosed to the other party and to the Tribunal
(1) at least four months before the date of the hearing, in the case of expert evidence pertaining to the indemnities offered or claimed, as applicable, by a party and for which that party has the burden of proof; and
(2) at least three months before the date of the hearing, in the case of expert evidence pertaining to the indemnities offered or claimed, as applicable, by a party and for which that party does not have the burden of proof.
The same applies to exhibits, written statements in lieu of testimony and detailed sworn statements which must be disclosed at least two months before the date of the hearing.
The parties must observe the principle of proportionality and ensure that the expert evidence produced, as well as the nature and number of testimonies and pre-hearing examinations they conduct, are proportionate, in terms of the cost and time involved, to the nature and complexity of the matter. The Tribunal sees to it that the principle of proportionality is observed.
In force: 2023-12-29
55. Except with the parties’ consent, no expert evidence may be produced as evidence at the hearing unless it has been disclosed to the other party and to the Tribunal
(1) at least four months before the date of the hearing, in the case of expert evidence pertaining to the indemnities offered or claimed, as applicable, by a party and for which that party has the burden of proof; and
(2) at least three months before the date of the hearing, in the case of expert evidence pertaining to the indemnities offered or claimed, as applicable, by a party and for which that party does not have the burden of proof.
The same applies to exhibits, written statements in lieu of testimony and detailed sworn statements which must be disclosed at least two months before the date of the hearing.
The parties must observe the principle of proportionality and ensure that the expert evidence produced, as well as the nature and number of testimonies and pre-hearing examinations they conduct, are proportionate, in terms of the cost and time involved, to the nature and complexity of the matter. The Tribunal sees to it that the principle of proportionality is observed.
