Lonny Rosen weighs in on Counsel's Communications with Experts

In an article recently published in Pulse, the newsletter of the Canadian Bar Association's Health Law Section, Lonny Rosen reviewed the recent Ontario Superior Court of Justice decision of Moore v. Getahun.  That case is already among the most widely discussed cases of 2014, because of comments by Madam Justice Wilson regarding the appropriateness of verbal communication between counsel and an expert witness prior to finalization of a draft report. Justice Wilson relied on an extremely strict interpretation of Rule 53.03 of the Rules  of Civil Procedure and found that the credibility and neutrality of one of the defence experts were undermined  by the fact that he and defence counsel engaged in a 90-minute telephone  conversation during which counsel apparently suggested changes to the expert's draft report.

Please see Lonny's artice here.