The plaintiff brought a motion seeking to abridge time and validate service of three expert reports, compel answers to outstanding undertakings, and amend the statement of claim to include punitive damages and relevant legislation.
The court granted the abridgment and validation for two expert reports (Ms. Wainio-Smit and Dr. Lionel Marks de Chabris), finding reasonable explanations for the delay and that any prejudice could be cured by costs or adjournment.
The motion for the third, unserved expert report was adjourned.
The request to compel undertakings was dismissed due to insufficient evidentiary basis.
The motion to amend the pleadings to add a claim for punitive damages and statutory references was granted conditionally: it would be granted if the trial is adjourned due to the expert report issues, with a costs order in favour of the defendants; otherwise, it would be dismissed due to presumed prejudice from delay.
