See Marc McAree’s and Victoria Chai’s article titled Overeager experts get wake-up call as they battle it out in environmental litigation published in The Lawyer’s Daily on October 11, 2017.
Their article sets out an overview of experts’ duty of loyalty and treatment of experts’ files for environmental litigators. It discusses the Ontario Court of Appeal’s seminal decision in Moore v Getahun and the adoption of Moore by Ontario’s Environmental Review Tribunal. The article examines the Tribunal’s application of Moore in permitting communication between experts and environmental counsel, and upholding legal privilege.
Their article also reviews an environmental “battle of the experts” scenario, and reminds environmental litigators to ensure their experts have logical and factually supportable opinions, and to ensure that experts can clearly communicate complex scientific and engineering concepts to adjudicators.
Click here to read the full article.