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ARTICLE · 30 JANUARY 2015

Moore v Getahun: No Wall Of Silence Between Experts And Counsel

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An important decision of the Ontario Court of Appeal was released on January 29, 2015 overturning a trial decision which was critical of consultations between counsel and expert witnesses in preparing their reports.

CanadaLitigation, Mediation & Arbitration
Peter Doody
Peter Doody
Heather Pessione
Heather Pessione
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An important decision of the Ontario Court of Appeal was released on January 29, 2015 overturning a trial decision which was critical of consultations between counsel and expert witnesses in preparing their reports.

The trial judge in a January 2014 medical-legal decision, Moore v. Getahun,1 strongly criticized the current practice of lawyers reviewing and commenting on draft expert reports prepared for use at trial, holding that it is not appropriate for counsel to review draft reports of experts and provide any input to shape those reports.2 The trial judge's comments raised important questions about how lawyers and experts should interact when an expert is preparing a report.

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