In a pre-trial motion for an action concerning latent structural defects in a residential property, the plaintiffs moved to strike the self-represented defendant's defence for failing to comply with a Trial Management Report and to exclude a late expert report.
The defendant brought a cross-motion for leave to file the late expert report and to call more than three experts.
The court declined to strike the defence, finding it a disproportionate remedy.
The court granted the defendant leave to file the late expert report under Rule 53.08, concluding that any prejudice to the plaintiffs could be cured by adjusting the trial schedule to allow them to respond.
