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ARTICLE · 16 FEBRUARY 2015

Yes, Ontario Lawyers Can Talk To Their Experts

Siskinds LLP
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The chill on communications between lawyers and experts about draft opinions is over.

CanadaLitigation, Mediation & Arbitration
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The chill on communications between lawyers and experts about draft opinions is over. The highly anticipated decision of the Ontario Court of Appeal in Moore v. Getahun was released on January 29, 2015.

In a medical malpractice case, Justice Janet Wilson of the Ontario Superior Court of Justice had lambasted defence counsel for spending 90 minutes discussing a draft expert report with the expert before the report was finalized. She ruled that "counsel's prior practice of reviewing draft reports should stop. Discussions or meetings between counsel and an expert to review and shape a draft report are no longer acceptable." Moore v. Getahun, 2014 ONSC 237, at paras. 50-52. This decision received almost universal condemnation from the litigation bar, and has now been overturned.

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