In the case of Erketu v. Wilson, 2012 ABQB 748
("Erketu") the Plaintiff refused to disclose expert
medical reports to the Defendant until the Defendant had conducted
any medical examinations he might decide to obtain. An application
to decide the issue resulted in a Master interpreting Rules 5.35
and 5.41 of the Alberta Rules of Court. Rule 5.35 concerns the
exchange of expert reports prior to trial. In essence, the Rule
requires a sequential, rather than simultaneous, exchange of expert
reports in which the party "who bears the primary onus of
proof" in the action must serve his or her reports first,
after which the other party may serve rebuttal reports.
Rule 5.41 enables a Defendant to obtain a medical examination of
a Plaintiff whose mental or physical condition is at issue in an
action. Once such a medical examination has been conducted, Rule
5.44 enables a Defendant to obtain from the Plaintiff reports of
every medical examination previously or subsequently made
