Can a plaintiff’s opinion or opinion be expunged from the documents being produced?

The appellant has expressed concern about the wording of Mr. Justice Ground’s decision and, specifically, that he allowed “opinions and views” to be expunged from the documents being produced. In the appellant’s view, since the plaintiff was intimately involved in the operation of the business being valued by the expert, the plaintiff’s opinion on some matters may well have been considered or taken into account by the expert in the preparation of his report. For example, if in the absence of any empirical data the plaintiff gave his view of the client base of the business and this information was relevant to the report being prepared, to this extent the view or opinion would become a basis of the report and should be disclosed. This is not, however, the type of view or opinion that Mr. Justice Ground intended should be expunged. Such a view or opinion would more properly be considered a part of the factual basis on which the expert based his report. While I understand the concern raised by the appellant I see no reason to add to or change the principle set out by Mr. Justice Ground in the Ontario v. Ballard case. The point raised by the appellant simply illustrates why, in applying the principle, each case must be considered on its merits. The plaintiff’s expert and counsel will have to consider this in their review of the memoranda and notes as a result of this decision.