I Want Your Expert’s File (please)

Case Comment – Ramer Builders Supplies (Toronto) Ltd. v. Leva (2009 Ontario Superior Court of Justice)

Can your expert’s file, despite your claim of litigation privilege, be produced based on questions asked at Discovery?  The answer in Ramer Building Supplies was “yes”.  Mr. Justice Fragomeni ordered production of the plaintiff expert’s draft report and the expert’s meeting notes (made while meeting with the plaintiff).

It was ordered pursuant to Rule 31.06 of Ontario’s Rules of Civil Procedure.  It follows Aviaco International Leasing Inc. v. Boeing Canada Inc., 2002 CanLII 21293 (ON S.C.) and other cases in this regard.

Gregory Chang
Toronto Insurance Litigation Lawyer