177 Certificates of expert evidence
(1) Evidence of a person’s opinion may be adduced by tendering a
certificate) signed by the person that:
(a) states the person’s name and address,
(b) states that the person has specialised knowledge based on his or
her training, study or experience as specified in the certificate,
(c) sets out an opinion that the person holds and that is expressed to
be wholly or substantially based on that knowledge.
(2) Subsection (1) does not apply unless the party seeking to tender
the expert certificate has served on each other party:
(a) a copy of the certificate, and
(b) a written notice stating that the party proposes to tender the
certificate as evidence of the opinion.
(3) Service must be effected not later than:
(a) 21 days before the hearing, or
(b) if, on application by the party before or after service, the court
substitutes a different period—the beginning of that
(4) Service for the purposes of subsection (2) may be proved by
(5) A party on whom the documents referred to in subsection (2) are
served may, by written notice served on the party proposing to tender the
expert certificate, require the party to call the person who signed the
certificate to give evidence.
(6) The expert certificate is not admissible as evidence if such a
requirement is made.
(7) The court may make such order with respect to costs as it
considers just against a party who has, without reasonable cause, required a
party to call a person to give evidence under this