The moving party (defendant insurer) sought leave to appeal an order dismissing its motion to remove the responding party's (plaintiff's) counsel.
The removal motion was brought because the responding party's counsel retained two experts (a psychologist and an occupational therapist) who had previously been retained by the moving party to assess the responding party's disability claim.
The Divisional Court dismissed the motion for leave to appeal, finding no reason to doubt the correctness of the motion judge's conclusion that no confidential or litigation-privileged information had been imparted to the experts by the moving party, and that there is no property in an expert witness.
