Key Points:

• Application by Defendants:
  Defendants sought:
  1. Disclosure of documents referenced by the plaintiff’s expert but not previously disclosed.
  2. Expert questioning on his report.
  3. Documents received by the expert but not relied upon in forming the report.
• Rules of Court:
  • The court found no specific rule mandating an expert to list documents reviewed.
  • Questioning an expert before trial is allowed only in "exceptional circumstances" under Rule 5.37.
• Waiver of Privilege:
  • The defendants argued that the plaintiff waived privilege over the expert’s file when the report was served.
  • The court discussed two lines of Alberta case law: one allowing waiver of privilege upon serving the report, and the other stating privilege is waived only when the expert is called as a witness.
  • The judge ruled that privilege was not waived regarding communications between the plaintiff’s principal and the expert.
• Expert Questioning:
  The court found no exceptional circumstances to justify pre-trial questioning of the expert, ruling it would add unnecessary delay and cost.
• Conclusion:
  The court denied the defendants’ applications for additional disclosures and questioning of the expert. No monetary award was specified in the decision.