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Motion to extend expert report deadline and increase damages claim granted.
The moving party plaintiffs brought a motion to extend the time for service of a new expert appraisal report and for leave to amend their statement of claim to increase the damages claimed, arising from a failed real estate transaction.
The original appraisal experts had retired and were unable to testify, necessitating a replacement report.
The court found a reasonable explanation for the late service, no uncompensatable prejudice to the responding defendants, and no undue trial delay given the trial was set 11 months away.
Leave to serve the replacement appraisal was granted, as was the amendment to increase the quantum of damages claimed from $75,000 to $125,000, with costs thrown away to be quantified by the trial judge.
Motion for leave to appeal Ontario Land Tribunal decision dismissed with costs.
The moving party sought leave to appeal a decision of the Ontario Land Tribunal.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs of $10,000 to the responding party.
