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Getting It Wright: The Detour Gold Standard of Expert Independence

Authors: Chantelle (Spagnola) Cseh and Carlos Sayao

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.

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