The Broadening Disclosure Obligations for Expert Witnesses

Environews - Canadian Bar Association

March 01, 2012

Many environmental lawyers regularly work with environmental consultants who may ultimately act as expert witnesses. Many lawyers may also assume that nearly everything but the final report (such as preliminary drafts and information from counsel), will be protected by litigation privilege and/or solicitor and client privilege, even if one chooses to rely on the expert report and call the expert as a witness. For actions governed under the Rules of Civil Procedure, however, such information may not be so securely protected.

Lana Finney, Toronto partner, and Sarah Robicheau, Toronto associate, authored this article, which was originally published in the March 2012 issue of Environews, the official newsletter of the Ontario Bar Association Environmental Law Section