The Kilislian parties brought a motion for leave to vary a consent timetable to permit the late delivery of an expert damages report.
The court had previously ordered all expert reports by September 30, 2016, an order made on consent.
The Kilislian parties failed to deliver the damages report by the deadline, and their explanations for the delay were found to be contradictory and indicative of a conscious decision not to comply, rather than an error or inadvertent omission.
The court dismissed the motion, emphasizing that court orders, especially in case-managed proceedings, must be respected.
Costs were awarded to the responding Shuster parties on a substantial indemnity basis.
