The defendants moved to adjourn a lengthy personal injury trial arising from a 2014 motor vehicle accident, citing late service of expert reports and outstanding productions by the plaintiffs.
The court considered the principles for adjournment, including the objective of a just determination on merits and potential prejudice.
While some late reports for one plaintiff (Khadim) were not sufficient for adjournment, a recently served psycho-vocational report for the other plaintiff (Khan) indicating complete unemployability was deemed significant.
The court found that the defendants would be prejudiced if they could not adequately respond to this new evidence.
Despite the impact of the COVID-19 pandemic on trial scheduling, the motion to adjourn was granted to ensure a fair trial on the merits, vacating the fixed trial date.
