Can a plaintiff obtain an accident reconstruction report from an engineer who has not seen or measured the scene?

In Milne v. Dorais, [1999] B.C.J. No 913 (S.C.) the plaintiff applied pursuant to Rule 28(2) for the production of an accident reconstruction report. The plaintiff had no recollection of the events surrounding the motor vehicle accident. The defendant hired an engineering firm that did a scene investigation and a vehicle examination and prepared a report. Experts hired by the plaintiff could not find or measure the two vehicles or duplicate the scene measurements taken by the defendant’s engineers. It was held that the plaintiff was not entitled to breach the privilege which protected the inferences and opinions contained in the defendant’s reports, including the report itself, but the plaintiff was entitled to know the facts of which the defendant was aware, including measurements taken, but not the photographs or drawings produced therefrom.