Posts Categorized: experts

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. … Continue Reading

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.… Continue Reading