Andersen Consulting v. Canada
A-515-99
Rothstein, Noël and Sexton JJ.A.
22/9/99
3 pp.
Appeal from order requiring expert reports served by defendant on plaintiff to be treated as reply reports to foreclose defendant's right to file further reply reports because defendant had egregiously breached confidentiality terms of "neutral evaluation agreement" in unsuccessful pretrial alternative dispute resolution process-Appeal allowed in so far as defendant not serving expert report on damages, and not made clear to Motions Judge result of order that defendant would be severely handicapped in ability to defend action on issue of damages-Defendant may forthwith file reply expert report on damages-Plaintiff shall have right to serve, file reply expert damages report-In allowing appeal, Court not minimizing, condoning defendant's breach of confidentiality provision of neutral evaluation agreement-Alternative dispute resolution process must not be undermined by the egregious type of action exhibited by defendant herein-Although defendant successful on appeal, defendant's actions cause of motion before Motions Judge, this appeal-In these circumstances, and in order that litigants be reminded of importance of protecting integrity of alternative dispute resolution, and that their conduct must always be scrupulous in that process, Court will award costs of appeal on solicitor and client basis to plaintiff in sum of $10,000 payable forthwith.