(cf SCR Part 36, rule 13CA; DCR Part 28, rule 9D; LCR Part 23, rule 1E)
(1) The court may direct expert witnesses:(a) to confer, either generally or in relation to specified matters, and(b) to endeavour to reach agreement on any matters in issue, and(c) to prepare a joint report, specifying matters agreed and matters not agreed and reasons for any disagreement, and(d) to base any joint report on specified facts or assumptions of fact,and may do so at any time, whether before or after the expert witnesses have furnished their experts’ reports.
(2) The court may direct that a conference be held:(a) with or without the attendance of the parties affected or their legal representatives, or(b) with or without the attendance of the parties affected or their legal representatives, at the option of the parties, or(c) with or without the attendance of a facilitator (that is, a person who is independent of the parties and who may or may not be an expert in relation to the matters in issue).
(3) An expert witness so directed may apply to the court for further directions to assist the expert witness in the performance of his or her functions in any respect.
(4) Any such application must be made by sending a written request for directions to the court, specifying the matter in relation to which directions are sought.
(5) An expert witness who makes such an application must send a copy of the request to the other expert witnesses and to the parties affected.
(6) Unless the parties affected agree, the content of the conference between the expert witnesses must not be referred to at any hearing.