Ontario appeal court rules on discussions between defence lawyers and expert witnesses

The Court of Appeal for Ontario suggested this week that lawyers representing clients in lawsuits can discuss and review draft reports with expert witnesses and do not need to disclose all written communications. “While some judges have expressed concern that the impartiality of expert evidence may be tainted by discussions with counsel …. banning undocumented discussions between counsel and expert witnesses or mandating disclosure of all written communications is unsupported by and contrary to existing authority, ” wrote Mr. Justice Robert Sharpe of the Court of Appeal for Ontario in a decision released Thursday. http://www.canadianunderwriter.ca/news/ontario-appeal-court-rules-on-discussions-between-defence-lawyers-and-expert-witnesses/1003456414/ http://www.canadianunderwriter.ca/news/ontario-appeal-court-rules-on-discussions-between-defence-lawyers-and-expert-witnesses/1003456414/