What is the scope of an expert’s request?
Ontario, Canada
The following excerpt is from CAW-Canada v. Presteve Foods Ltd., 2013 HRTO 1441 (CanLII):
The intervenor submits that under the civil case law, the respondent’s request is overly broad, and that the respondent is only entitled to the information on which the expert relied, not all communications passing between counsel and the expert. It is submitted that courts have held that the requesting party is entitled to “foundational information” for the expert’s final opinion, but cautioned that this was not a “limitless entitlement”: see Bookman v. Loeb, supra, at paras. 28-29.
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