The Ontario Court of Appeal has reaffirmed the propriety of
effective consultation between counsel and expert witnesses.
In Moore v Getahun, 2015 ONCA 55, the plaintiff was
injured in a motorcycle accident. Prior to surgery, his wrist was
placed in a cast which resulted in the plaintiff suffering from
compartment syndrome. At trial, the central issue was whether
applying a full cast to the plaintiff's wrist was below the
standard of care, and whether the cast caused the compartment
syndrome.
Experts were retained to provide medical reports on the above
issues. During cross-examination, one expert testified that he
produced and discussed his draft and final report with counsel who
provided advice on the report. The trial judge criticised these
actions and stated that these discussions breached an expert's
duty of impartiality. The judge found that it was improper for
counsel to assist an expert witness in preparation of the
expert's report. This view was challenged
