The plaintiff, Finn Way General Contractors Inc., brought a motion seeking leave to admit a late-served expert report concerning construction delays and costs.
The defendant, Lakehead University, opposed the motion, arguing the report was served late and that expert opinion evidence was unnecessary.
The court found a reasonable explanation for the late service and no prejudice to the defendant.
However, the court ultimately dismissed the motion, ruling that the expert report was not necessary to assist the trier of fact, as its observations were conclusions lacking discernible analysis and usurped the role of the trial judge.
