Does an expert’s report have to be reviewed and approved by a taxing officer?
British Columbia, Canada
The following excerpt is from Freake v. Wilson, 2000 BCSC 695 (CanLII):
As well, the court in Fung v. Berkun (1982) 1982 CanLII 568 (BC SC), 36 B.C.L.R. 352 disallowed an expert’s report when it concluded that the plaintiff had not ascertained sufficiently the true factual matrix, prior to commissioning the report. Facts reasonably available to counsel for the plaintiff, and which would likely have affected the expert’s opinion, should have been determined and provided to the expert. Failure to do so, in the view of the taxing officer, seriously compromised the value of the report.
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