The plaintiffs brought a motion seeking leave to amend their statement of claim, approval of a discovery plan, and an order permitting inspection of condominium units for expert examination under the Rules of Civil Procedure.
The court adjourned the request to amend the statement of claim to permit further revisions.
Although Rule 29.1 obligates parties to agree upon a discovery plan without court intervention, the court imposed a discovery plan due to longstanding acrimony, extensive delay, and the absence of completed discoveries in an action commenced in 2001.
The court also granted the plaintiffs authority under Rule 32.01 to have an expert inspect specified condominium units for by-law contraventions and changes of use.
No costs were awarded due to both parties’ failure to cooperate in establishing a discovery plan.
