In January, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun. The decision provides much needed guidance for litigators and their clients in relation to the role of counsel in interacting with an expert witness in the preparation of an expert’s report.  The underlying trial dealt with a medical malpractice suit. The plaintiff was injured in a motorcycle accident. He was treated by the defendant orthopedic surgeon for a fractured wrist. The defendant had applied a full cast to the plaintiff’s wrist and forearm. The plaintiff alleged that he suffered permanent damage to muscles in his arm caused by the defendant’s negligence in applying a full cast.  The trial judge preferred the plaintiff’s expert’s evidence, and found that the application of the cast was a breach of the standard of care and had caused the alleged damage to the plaintiff’s arm. While the ultimate finding may not have been controversial, Justice Wilson’s comments regarding the preparation of written reports certainly proved to be.

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