What is the scope of disclosure from an expert's file?

The Bruell Contracting decision relied on by the defendants (see paragraph 14 above) simply reiterates the law as stated in Moore v. Getahun and does not expand or limit the scope of disclosure from the file of an expert witness. In both cases, the court was primarily concerned with the extent to which discussions between counsel and an expert with respect to the content of the expert’s final report, including notes of any such discussions and any draft reports, must be produced. However, the fact that notes of discussions during the course of preparation of any draft reports and the final report will only be ordered produced if there is reasonable suspicion that counsel has improperly influenced the expert does not negate the implied waiver of privilege over the foundational information referred to in Moore v. Getahun.