Critical Case Update: Moore v. Getahun: How Far Can Counsel Now Go In “Educating” Expert Witnesses?

Featuring three outstanding counsel who appeared on one of the most eagerly-anticipated appeals of the past year:

Tom Curry, Lenczner Slaght Royce Smith Griffin LLP
Joanna Nairn, Pape Barristers Professional Corporation
Jean-Claude Killey, Paliare Roland Rosenberg Rothstein LLP

Expert witnesses are critical to success in a broad range of civil and criminal cases. The Getahun trial decision had alarmed the Bar with its declaration that “counsel’s practice of reviewing draft reports must stop” and its potential chilling effect on counsel-expert communications.

The Court of Appeal reaffirmed counsel’s freedom to communicate with experts. But it also cautioned that where a “reasonable suspicion” exists that counsel improperly influenced the expert, the opposing party may demand production of draft reports, along with notes of their discussions.

Key questions remain:

• Where is the line between assisting the Court and improperly undermining the expert’s independence and integrity?
• How will savvy counsel demonstrate that opposing counsel have crossed the line?
• What should counsel include–and not include–in documenting communications with experts?

This concise webinar will address these questions and provide an opportunity for online Q & A.

Group Discounts

2-3 delegates: 25% off archived program fee
4-10 delegates: 30% off archived program fee
11+ delegates: 35% off archived program fee
Boardroom rates available.

Delivery

The video stream, including link to program materials will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase. In the event you experience technical difficulties, please contact opdsupport@osgoode.yorku.ca for assistance.