The defendant brought a motion to compel the plaintiff to attend a neuropsychological assessment and for leave to serve the resulting expert report after the deadline set by Rule 53.03.
The defendant's new counsel argued the delay was due to assuming carriage of the file late in the litigation.
The court dismissed the motion, finding no reasonable explanation for the two-year delay by the defendant's previous counsel in arranging the assessment.
The court also noted that allowing a late report on the eve of trial would cause significant prejudice to the plaintiff and likely result in a lengthy trial adjournment.
