Is the underlying material of an opinion or opinion subject to production?
British Columbia, Canada
The following excerpt is from McLeod Lake Indian Band v. British Columbia, 1998 CanLII 6743 (BC SC):
If, in the preparation of a particular opinion, specific investigation and research is undertaken for that purpose, then the underlying material may constitute the "facts" on which the opinion is based and therefore be subject to an order for production. Such was the situation in Delgamuukw v. British Columbia, (1988), 1988 CanLII 3194 (BC SC), 32 B.C.L.R. (2d) 152 (B.C.S.C.).
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