On January 14, 2014, Madam Justice Wilson of the Superior Court Justice released her
decision in Moore v. Getahun1 (“Moore”) strongly criticizing the current practice of
lawyers reviewing and commenting on draft expert reports prepared for use at trial.
Moore was a personal injury action. During the examination of an expert retained by the
defendants at trial, plaintiff's counsel reviewed the expert’s file and found notes referring
to a telephone conversation between the expert and defence counsel. During the call,
counsel reviewed the expert’s report and suggested changes, which were made by the
Madam Justice Wilson admonished counsel's common practice concerning the
preparation of expert reports and held that the practice of reviewing draft reports should
stop. She further held that discussions and meetings between counsel and an expert to
review and shape a draft report are no longer acceptable.