Supreme Court

Decision Information

Decision Content

SUPREME COURT OF Nova Scotia

Citation: Grabher v. Nova Scotia (Registrar of Motor Vehicles), 2018 NSSC 87

Date: 2018-04-11

Docket: Halifax, No.  SH# 463399

Registry: Halifax

Between:

Lorne Wayne Grabher

Applicant

v.

Her Majesty the Queen in Right of the Province of Nova Scotia as represented by the Registrar of Motor Vehicles

Respondent

 

 

LIBRARY HEADING

 

 

Judge:

The Honourable Justice Pierre L. Muise

Heard:

February 1, 2018, in Halifax, Nova Scotia

Summary:

Mr. Grabher had a personalized licence plate with the expression “GRABHER”. The Registrar revoked it. He brought an application challenging the constitutionality of the revocation. The Registrar filed an expert’s opinion to be presented at the hearing of the Application. Mr. Grabher brought this motion to exclude that opinion.

 

Issue:

Is the opinion evidence admissible?

 

Result:

The opinion evidence is not admissible unless it is revised to answer the real questions for which it may be proffered. In its current form, the benefits of the opinion evidence are outweighed by its prejudicial impact on the trial process.

 

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