Raw test data disclosed over doc’s objection

18 Aug

On July 29th, the Supreme Court of British Columbia ordered raw test data to be produced over the objection of plaintiff’s (neuropsychologist) expert, who claimed her professional obligations restricted her from disclosing the data forming the foundation of her expert’s report to anyone but another neuropsychologist. It said:

Counsel for the applicant defendant correctly submits that there is nothing in the Code of Conduct to substantiate the apparent position of the College of Psychologists of BC that test material cannot be released except to another psychologist or psychological service provider in another jurisdiction. He is correct. That is not what the Code of Conduct states.

The Court noted that not all experts are equal in interpreting data, but held that the quality of interpretation is a matter for trial.

Smith v Rautenberg, 2013 BCSC 1347 (CanLII).

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