Please Give Me Your Expert’s File – 162 Emails Included

Case Comment – Alfano v. Piersanti (2009 Ontario Superior Court)

Prior to Trial, the defendant’s accounting expert file was provided.  The plaintiff sought further production of the expert’s file, however, on the eve of Trial.

In an earlier ruling, the accounting expert’s time dockets were ordered to be produced not to calculate his fees charged on the file, but to reveal his narrative within those dockets for the purposes of a fuller disclosure of that expert’s file.

Within the time dockets kept by the defendant’s expert, there were 162 docket entries referring to emails exchanged by that expert with the defendant company.  The docket entries did not indicate solicitor-client privilege, as the accounting expert appears to have dealt directly and extensively with the defendant client in developing two expert reports.

The emails referred to in the 162 docket entries were ordered to be produced.

Gregory Chang
Toronto Insurance Litigation Lawyer