The plaintiffs brought a motion seeking various forms of interlocutory relief, including compelling discovery, amending their statement of claim to increase damages and add punitive damages, and abridging time for an expert report.
The court granted leave to increase compensatory damages from $4 million to $7 million and ordered the defendant to answer two specific undertakings.
However, the court denied leave for a further affidavit of documents and for adding a punitive damages claim, citing significant delay and presumed prejudice.
The request to abridge time for an expert report was deferred to the trial judge.
