In a chiropractic malpractice action alleging negligent treatment causing serious injury, the plaintiffs brought a motion seeking production of raw data underlying a population-based study relied upon by a defence expert and extensive disclosure relating to another defence medical expert.
The court held that the underlying research data was not in the possession, power, or control of the defendants or their expert and could only be obtained through a proper third-party motion under the Rules of Civil Procedure.
Limited procedural directions were issued requiring the defendants to ask the expert to use best efforts to obtain the data and to confirm the existence of a video recording from the defence medical examination.
Most of the requested relief, including production of the expert’s hard drive and extensive materials from the expert’s curriculum vitae, was dismissed.
