How do I go about requesting copies of court exhibits in Canada?

February 22, 2019 11:50 AM

I'm interesting in obtaining copies of actuarial reports used in court cases in Canada and having trouble figuring out how to do this.

Some background: I'm in the process of switching careers. I currently work as an actuary for a large Canadian life insurer. I'm trying to switching into independent consulting. The type of consulting I'd like to do is referred to as actuarial evidence. It's usually done by actuaries or economists and occasionally by accountants. I have obtained my fellowship actuarial designation and have a master's in economics, so I think I have a strong background for this. The work involves writing reports for lawyers involved with pension division (for marriage breakdown), quantification of wage loss (for wrongful dismissal) and cost of future care (for personal injury). I've done as much background reading as I can, but the problem I'm having is that I haven't found an actual example of what a typical report looks like. And I feel like I really need to before I start writing them myself. So, since these are often used in court cases, I had the idea of getting a copy of a report that had been entered into evidence. I spoke to law librarians and contacted my local bar association and neither was very helpful. However, the bar association suggested I contact the courthouse.

So, I visited canlii.org and found some court cases where these reports were entered into evidence and mailed letters to the courthouses where the cases took place and requested copies. I've since received several replies telling me that I'm not able to obtain copies unless I have a court order or permission from either parties. So, my question is - are there any types of court cases in Canada where I'd be able to obtain copies of the reports I'm looking for and how would I go about requesting copies? I feel like I'm at a dead end and that I've been going in circles and I'm not sure the best way to move forward. Thanks.

posted by NoneOfTheAbove to Law & Government (5 answers total)

I'm a U.S., not a Canadian, lawyer, but it sounds like these reports would very often have sensitive personal information in them, which is why the courts would require permission from the parties before making them available to you.

Is there a professional association of actuaries who do these reports? Or can you try reaching out directly to some of the people who do this work? They won't share individual reports with you, either, but they may be able to direct you to models or templates or any that may have become publicly available for whatever reason.
posted by praemunire at 11:57 AM on February 22, 2019

If they were filed as exhibits, they form part of the court record and you should be able to view them. In Toronto, I believe the process is that you order the file in advance and then you come in at a designated time and sit in a room to view the file. I assume you can make photocopies at your own cost. Journalists access court files all the time, and barring a sealing order, court files are presumptively open to the public. These kinds of files sound like they’d be unlikely to be subject to a sealing order to me. Have you called the court and talked to someone about this? If not, you should do that - courts, especially large, busy, courts, can be frustrating to deal with, and finding someone to talk to (rather than writing letters or email) is usually the most effective way of getting what you want.
posted by iona at 12:47 PM on February 22, 2019

Maybe you could c&p the language the courts are giving you in their denials? Because, again, not Canadian lawyer, but it seems to me that the reports involved could be drawing on very sensitive personal financial and health information, and that's exactly the kind of thing that does get redacted or sealed in U.S. courts. But it might be easier to decipher what they're saying than to try to guess without seeing it.
posted by praemunire at 1:36 PM on February 22, 2019

Family law files are usually inaccessible but personal injury and employment files usually would not be. It is likely that to get copies you have to go in person to access the file. If you cannot go to the relevant courthouse, you should be able to engage an agent at a cost to do so for you (in my neck, Dye and Durham, West Coast Title are two examples.) You could call them to get a quote. The cost may actually not be unreasonable.

I assume you've chatted with people in the field? You might be able to get someone in forensic accounting to point you in the right direction.
posted by lookoutbelow at 2:56 PM on February 22, 2019

A local law library may have resources that include a model or discussion of required elements.
posted by GPF at 10:04 PM on February 23, 2019