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Expert Evidence & Undertakings

AE Hospitality Ltd. v. George 2017 Ont SCJ (Master)

Lawyer in Greece gave report on assets being hidden; client in Ontario swore affidavit relying on that report. Court ruled that the defendants were entitled to the lawyer’s findings, opinions, and conclusions and his retainer. The lawyer was not required to produce his internal drafts or any draft reports because they were subject to litigation privilege and there was no foundation to support a reasonable suspicion that the lawyer was improperly influenced in his report. Another expert was examined and undertook to give certain information. That expert then attempted to withdraw the undertaking. The court held that he was not allowed to do so. Once an undertaking, always an undertaking.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.