Jan. 28, 2020 - The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The...
Getting It Wright: The Detour Gold Standard of Expert Independence
In rejecting a motion by the plaintiffs for production of drafts of an expert report, the Ontario Superior Court of Justice’s recent decision in Wright v. Detour Gold Corp. endorses the Court of Appeal’s guidance regarding counsel’s dealings with expert witnesses as articulated in Moore v. Getahun. Of particular interest to litigation counsel, the decision in Wright builds upon the guidance in Moore by holding that it is entirely proper for an expert to retain independent legal counsel to assist in the preparation of his or her expert report.
This article was originally published in The Advocates’ Society newsletter Keeping Tabs, December 2016.
Jan. 22, 2020 - In a decision handed down on December 9, 2019,1 the Superior Court of Québec stressed the importance of keeping the identity of whistleblowers and their statements confidential in the context of investigations into wrongdoing within a public body. Confidentiality can be lifted only when there...