P. Pape and J. Nairn, “Moore v. Getahun: Practical Questions About Expert Witness Interactions”


In January 2015, the Court of Appeal released its highly-anticipated decision in Moore v. Getahun. The case was a medical malpractice action that occasioned great interest from the civil litigation bar because of its implications for the relationship between counsel and expert witnesses. The decision of the trial judge held that the 2010 Amendments to the Rules of Civil Procedure had fundamentally reshaped the way counsel was permitted to interact with experts, and specifically that counsel were forbidden to discuss draft reports with their experts. Moreover, it concluded that all discussions between counsel and experts must be documented and were subject to disclosure.

The Court of Appeal reversed the trial court on those issues. In doing so, it affirmed that existing practices regarding interactions with expert witnesses are both permissible and to be encouraged.

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