During the fifth day of trial, the defendants sought to call a handwriting expert whose report had been served but not listed in pre-trial documents or trial management forms.
The plaintiff opposed, citing significant prejudice due to lack of opportunity to prepare a responding expert report or adjust trial strategy.
The court denied the defendants' request, emphasizing the importance of procedural fairness, the prevention of trial by ambush, and adherence to the Rules of Civil Procedure and the Supreme Court of Canada's call for timelier and more affordable trials.
