Case Report – Court says case-by-case privilege does not protect identity of expert’s client

8 Aug

On August 1, the Supreme Court of Nova Scotia granted a motion for the production of a information relating to a “private client” of an expert because the expert said that she used the information to support the reasonableness of an assumption. Though the expert attempted to discount the significance of the private client’s information to her opinion, the Court held that it must be produced as an essential fact upon which her opinion was based. It also rejected an argument that a case-by-case/”Wigmore” privilege applied.

South West Shore Development Authority v. Ocean Produce International Ltd., 2008 NSSC 240.

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