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Know What You’re Paying For: Disbursements Include Undisclosed Expert Reports

The Supreme Court decision Ward v. Pasternak 2015 BCSC 1190 has confirmed that it is not inappropriate to “bury” expert reports until the deadline for service prior to trial. It affirmed that the Rules permit expert reports to be identified in a List of Documents in a manner that makes it impossible to know whether it is an expert report or a memo, who authored it, what the author’s field of expertise and that there is no obligation to provide any details that would allow the opposing party any insight into a litigation strategy. Furthermore, the Court indicated that if a party settles for an amount “plus costs and disbursements” they should anticipate that the other party has paid for all necessary and properly incurred expert reports.

Case law summary by: Trevor Morley