When a Canadian trial court decided last year to strictly control the interaction between experts and counsel and compel production of draft reports, business valuators mobilized. Together with lawyer associations, they supported the ensuing appeal. BVWire reports that the Court of Appeal’s newly released decision is cause for cheer—it sided with the challengers. The case is Moore v. Getahun, 2015 ONCA 55 (Jan. 29, 2014).
Even though this opinion carries no weight in U.S. courts, it merits attention from practitioners in this country. In addition to discussing the discovery rules applicable to draft expert reports, the Ontario appeals court provides a rationale for why mandatory disclosure and production of drafts has a negative effect on a party’s case and on judicial proceedings.
For more details, see the February 4 issue of BVWire (free registration required).