CICBV Motion for Leave to Intervene,

Expert Witnesses Discussing Draft Reports with Counsel,

Rule 53.03


On June 18, 2014, the Canadian Institute of Chartered Business Valuators (CICBV) advised its members that it had filed a notice of motion for leave to intervene with the Court of Appeal for Ontario in connection with the decision of the Ontario Superior Court of Justice in Moore v Getahun.


In an email dated March 12, 2014 the CICBV advised its members that: “The trial judge found that a phone meeting between the instructing lawyer and the expert to discuss the draft report was improper.  The Judge stated that “… counsel’s prior practice of reviewing draft reports should stop.  Discussions or meetings between counsel and an expert to review and shape a draft expert report are no longer acceptable.  If after submitting the final expert report, counsel believes that there is a need for clarification or amplification, any input whatsoever from counsel should be in writing and should be disclosed to opposing counsel… The practice of discussing draft reports with counsel is improper and undermines both the purpose of Rule 53.03 as well as the expert’s credibility and neutrality.””


The CICBV advised its members on June 18, 2014 that “due to the potential far reaching consequences of this decision, the CICBV has filed a notice of motion for leave to intervene with the Court of Appeal for Ontario.   By filing this motion, the CICBV is requesting permission to act as an intervener as a “friend of the court” in the appeal of this decision to offer the Court its perspective on the decision and its implications.  We understand that The Advocates’ Society [Ontario] has similarly filed a notice to intervene in the appeal.”

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