What are the Disclosure Obligations for Expert Reports Claimed as Privileged in Saskatchewan, Canada?

Question from Nick Name, What are the Disclosure Obligations for Expert Reports Claimed as Privileged in Saskatchewan, Canada?

Answer from AI:

In Saskatchewan, as in the rest of Canada, the rules regarding the disclosure of expert reports and the claim of privilege over them are governed by the principles of civil procedure and evidence law.

General Principles of Disclosure

Generally, parties in a civil litigation have a duty to disclose all relevant documents to the other side, including expert reports. This is based on the principle of “full and frank disclosure,” which is fundamental to the fairness and justice of the legal process.

However, there are exceptions to this rule. One of these exceptions is the concept of “privilege,” which protects certain communications from being disclosed.

Privilege Over Expert Reports

In the context of expert reports, privilege may apply in certain circumstances. For example, if an expert report was prepared for the purpose of providing legal advice or for use in anticipated litigation, it may be protected by solicitor-client privilege or litigation privilege, respectively.

However, the privilege is not absolute. If a party intends to rely on an expert report at trial, they generally must waive the privilege and disclose the report to the other side. This is to ensure that the other party has a fair opportunity to examine and challenge the report.

Specific Rules in Saskatchewan

In Saskatchewan, the specific rules regarding the disclosure of expert reports are set out in The Queen’s Bench Rules. According to Rule 5-39, a party who intends to call an expert witness at trial must serve a report on every other party at least 60 days before the trial. The report must contain certain information, including the expert’s qualifications and the substance of his or her proposed testimony.

If a party claims privilege over an expert report, they generally cannot use that report as evidence at trial. However, there may be exceptions to this rule, depending on the circumstances.

It’s important to note that the rules regarding privilege and disclosure can be complex and fact-specific. Therefore, if you have a question about the disclosure obligations for expert reports in Saskatchewan, you should consult with a legal professional.

For more information, you can refer to the Queen’s Bench Rules or the Canada Evidence Act.