Collins and Denny

In *Collins and Denny*, heard before Justice Fowler, the husband sought to have certain affidavits provided to an independent expert in proceedings between the parties. The wife opposed this application, at least in part.

The central legal issue before the Court was whether the husband's application to provide the entirety of the affidavits to the independent expert should be granted, and if not, what conditions should be imposed on their disclosure. Specifically, the Court had to determine how to address parts of the affidavits that the parties had agreed were inadmissible.

Justice Fowler reasoned that while the husband's general application to provide the affidavits should be dismissed, a modified disclosure was appropriate. The Court applied the principle that inadmissible material should not be placed before an expert whose role is to provide an independent opinion. Accordingly, the Court ordered that the affidavits could be provided to the expert, Dr W, but only after being edited to render unreadable those parts that the parties had conceded as inadmissible in Exhibit "Y". The costs of this application were reserved to be determined at the trial of the main matter.