Does the fact that one party does not rely upon information in an expert’s report constitute a breach of the duty of disclosure?
Ontario, Canada
The following excerpt is from Envoy Relocation Services Inc. v. Canada (Attorney General), 2012 ONSC 4262 (CanLII):
I reject these arguments. The fact that one party does not rely upon information in its expert’s report does not obviate a duty to disclose the information if the evidence is relevant to the issues in the case. In this regard, I am in agreement with Ferguson J. who concluded that production be restricted to documents which formed the basis of an expert’s opinion for the reasons that he explains in Browne v. Lavery, (2002) 2002 CanLII 49411 (ON SC), 58 O.R. (3d) 49 (S.J.C.) at paragraph 53 et seq.
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