Plaintiff barred from calling witnesses not included on witness list

In a decision published earlier today, the court in Sabbagh v. Li, 2015 BCSC 2563, barred the plaintiff from calling three lay witnesses at trial on the basis that the plaintiff had not included them in his list of witnesses.  Chief Justice Hinkson said:

[2]             The defendants object to the plaintiff calling four witnesses whose names were not listed on his list of witnesses, specifically Mr. Cam McNeil, Mr. Dave Basi, Ms. Gurmail Gosal and Ms. Joanna Cho.


[5]             Messrs. McNeil and Basi are workers at the plaintiff’s main place of employment at the time of the accidents.  The plaintiff had planned to call a Mr. Abbud from this business and listed him on his witness list, but now wishes to call Messrs. McNeil and Basi instead.

[16]         I am not, however, prepared to permit the plaintiff to call Messrs. McNeil and Basi at this juncture.  Whether the plaintiff seeks to call them as rebuttal witnesses is not a matter for me to consider at this juncture.

The full decision can be found here: