Moore v. Getahun 2015 ONCA 55 is a case that has already generated a lot of discussion and
navel gazing in both the legal and expert communities, and I
hesitated for quite a while before deciding that I had anything
worthwhile to add. But I think now that I do.
The appeal in Moore centred on the question of what
ought to be the proper degree of interaction between lawyers and
their experts. The trial judge had definitively ruled that:
"The practice of discussing draft reports with counsel
is improper and undermines both the purpose of Rule 53.03 as well
as the expert's credibility and neutrality."
The Court of Appeal disagreed with this proposition. It noted
that various rules and standards, applicable to both lawyers (in
their roles as advocates) and various other professionals (in their
roles as experts) expressly prohibit the alteration of expert
opinions in order to suit the aims of a litigant.
