In a medical malpractice action, the plaintiffs brought a motion seeking production of the instructing letter and communications between defence counsel and their expert witness.
The plaintiffs argued that a factual assumption the expert was asked to make regarding the onset time of the deceased's chest pain contradicted the defendant doctor's discovery evidence, suggesting improper coaching.
The court dismissed the motion, finding no evidence to support a reasonable suspicion that counsel improperly influenced the expert, and held that litigation privilege continued to protect the communications.
