By Barbara E. Cotton and Walter Kubitz

Thorny issues seem to have arisen in Alberta jurisprudence regarding the admissibility and scope of surrebuttal reports, and at present these issues remain unresolved. On the one hand is the jurisprudential view that the Alberta Rules of Court, and more particularly Rule 218.1, do not allow for surrebuttal reports and such rules must be strictly construed. On the other hand is the more lenient view that basic principles of fairness should allow the admission of surrebuttal reports, and the courts should take a flexible approach.

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