The Court of Appeal has ruled on 2014’s most talked-about case, striking down a trial judge’s decision that it was improper for counsel to assist an expert witness in preparing a report. In a medical malpractice suit, Moore v. Getahun, Madame Justice Wilson wrote:
The expert’s primary duty is to the court. In light of this change in the role of the expert witness under the new rule, I conclude that counsel’s practice of reviewing draft reports should stop. There should be full disclosure in writing of any changes to an expert’s final report as a result of counsel’s corrections, suggestions, or clarifications, to ensure transparency in the process and to ensure that the expert witness is neutral.
Judy Van Rhijn takes a compelling look at the controversy surrounding the original ruling, and the winning arguments against it, in this Law Times article below.