On January 14, 2014, Madam Justice Wilson of the Superior Court of Justice released her decision in Moore v. Getahun1 (“Moore”) strongly criticizing the current practice of lawyers reviewing and commenting on draft expert reports prepared for use at trial.
MOORE v. GETAHUN
Moore was a personal injury action. During the examination of an expert retained by the defendants at trial, plaintiff’s counsel reviewed the expert’s file and found notes referring to a telephone conversation between the expert and defence counsel. During the call, counsel reviewed the expert’s report and suggested changes, which were made by the expert.
The plaintiff argued that it was inappropriate for defence counsel to make suggestions to the expert concerning his report. Defence counsel took the position that experts are entitled to prepare draft reports to be shared with counsel for comment.