11. What happens when a party changes experts or engages in “expert shopping”?

The court discourages “expert shopping”. This refers to a situation where a party tries to replace an expert simply because the expert’s opinion is unfavourable.

Although the court has power under Order 38, rule 44 of the RHC or RDC to vary directions, permission to change an expert is discretionary. If a party seeks leave to rely on a new expert, the court may impose conditions.

A common condition is that the party must disclose the first expert’s report before being allowed to rely on the replacement expert. This is intended to prevent parties from suppressing unfavourable expert opinions and searching for a more favourable one.