In a construction lien action, the defendant homeowners moved to amend their statement of defence and counterclaim and to substitute the affidavit evidence of a new expert witness for one who died after preparing his report.
The plaintiff contractor opposed the motion, arguing that the amendments would cause prejudice and delay the summary nature of the proceedings.
The court granted the motion, finding that the plaintiff failed to demonstrate non-compensable prejudice and that it was in the interests of justice to allow the defendants to rely on a live expert witness and fully articulate their claims regarding newly discovered deficiencies.
The plaintiff was awarded $10,000 in costs thrown away.
