K.A.R. v Dawson, 2026 BCSC 848
2026-05-07
Read full decision. Summary prepared by Alan Macek:
"This appeal arises from a chambers order, in response to an application brought in advance of trial. The application primarily sought orders for independent medical examinations and, in addition, production of materials underlying the plaintiff’s expert psychiatric report ... That breadth gave rise to a series of arguments—particularly from the plaintiff—about copyright, notice to third parties, and the legality of reproduction. ... This is not a case about copyright enforcement. Nor is it necessary to resolve the outer boundaries of the Copyright Act. Rather, the appeal concerns the proper scope of a litigant’s obligation, under the Supreme Court Civil Rules, to disclose the basis of an expert opinion in a manner that permits fair testing at trial. ... The appellant advanced a series of arguments grounded in the Copyright Act and the potential for civil or criminal liability arising from the reproduction of published materials. In my view, those submissions do not assist in resolving the issue on this appeal. This is not a proceeding concerned with the enforcement or interpretation of the Copyright Act. The question before the Court is a narrower one: the proper scope of a party’s disclosure obligations under the Rules in relation to expert evidence."