Can an expert be found to be immune from prosecution for failing to provide an expert report for use in a tort action?
Ontario, Canada
The following excerpt is from C.R. v. Her Majesty the Queen in Right of Ontario, 2019 ONSC 2734 (CanLII):
The law surrounding witness immunity is clear. In Due v. Collings, 2018 ONSC 4003, the court applied the doctrine of witness immunity to an expert who was sued for failing to provide an expert report for use in a tort action. In striking the claim, C. Brown J. noted, at para. 17, that “there is a long recognized immunity for expert witnesses which has, more recently, been extended to the party’s own expert in the context of litigation.”
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