How have courts considered the interaction between two expert reports?
Ontario, Canada
The following excerpt is from Aherne v. Chang, 2011 ONSC 2067 (CanLII):
Virtually the same set of facts that appeared in Browne also arose in Bazinet v. Davidson, [2007] O.J. No. 2420, 2007 CanLII 23158 (S.C.J.). There, Justice Power, of this court, considered the interaction involved between two reports by different experts. In that case, only the second expert report commissioned by a party was originally produced to the opposite side. The second report, however, mentioned the existence of the first. The expert filed a letter with the court indicating that he did read the first report, but that it did not play any role in his opinion. Was the first report subject to production?
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