At a case conference, the parties sought directions after their damages experts met ('hot tubbed') and the plaintiffs' expert wished to revise his report based on concessions made.
The defendants opposed, arguing the plaintiffs should bring a formal motion to allow pre-trial cross-examination.
The court held that requiring a formal motion for this procedural issue was inefficient and disproportionate under the Hryniak principles.
Pursuant to Rule 50.13(6), the court granted the plaintiffs leave to deliver an amended expert report without a motion.
