Confidential Consultations Between Experts and Counsel Now Permitted | ABR Updater Issue 24

Submitted by truser on February 27, 2015

By Darcy Merkur

There is absolutely nothing improper with counsel's practice of reviewing draft expert reports, according to the Ontario Court of Appeal in its hotly anticipated January 29th decision in Moore v. Getahun et al (2015) ONCA 55 (OCA).

In fact, the Ontario Court of Appeal in Moore went further to say that draft reports, including notes of consultations between experts and counsel are now subject to a qualified litigation privilege - a privilege that can be disregarded by the Court only in extreme circumstances where the opposing lawyer establishes a factual foundation to alllege improper influence.

The Ontario Court of Appeal in Moore validates the important role of a lawyer in assisting their expert.

Click on the following link to read more about the Court of Appeal's decision in Moore v. Getahun.


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