Lawyers' ability to consult experts throughout process is critical

Feb 12, 2015 By Matthew Friedberg

A recent Ontario Court of Appeal ruling that reaffirms the right for counsel to consult with experts about draft reports in litigation proceedings secures a critical part of the court process, says Toronto criminal lawyer Matthew Friedberg.

“I think it’s a well reasoned and clarifying ruling – there are a lot of inherent problems with the alternative,” he tells “The Ontario Court of Appeal ruling will really give some guidance and certainty for lawyers.”

In Moore v. Getahun, 2015 ONCA 55 (CanLII), the appellate court rejected a lower’s court’s proclamation that the practice of consultation between counsel and expert witnesses to review draft reports must end.

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