Ontario Courts Are Engaged In A Rigorous Debate About
The Scope Of The Production Of Documents In An Expert's File
During Litigation.
In Thermapan Structural Insulated Panels Inc. v. Ottawa
(City), 2014 ONSC 2365, the applicant sought an order of the
Court requiring the City of Ottawa to issue a building permit for a
construction project. Ottawa had rejected the initial application
for the building permit. The applicant, Thermapan, sought
production of the entire file kept by Ottawa's expert engineer
during the litigation.
Thermapan argued that by serving the expert's affidavit on
Thermapan, Ottawa had waived any litigation or solicitor-andclient
privilege in the expert's file and accordingly, the
expert's file ought to be produced. In so doing, Thermapan
relied on a decision of Justice Wilson of the Ontario Superior
Court, Moore v. Getahun, 2014 ONSC 237, in which Justice
Wilson held that recent changes to the Rules of Civil Procedure
governing experts required
