Gerard V. Thompson

The plaintiff brought a motion for leave to file an income loss report served less than 90 days before trial, contrary to Rule 53.03 of the Rules of Civil Procedure.

The defendant opposed the motion, arguing that the plaintiff had ample time to prepare the report over the 8-year history of the action.

The court held that 'undue delay' under Rule 53.08 refers to delay in the conduct of the trial, not the time taken to bring the matter to trial.

Since the defendant did not request an adjournment and there was no prejudice, the court granted the plaintiff leave to file the report.

The plaintiff brought a motion to prevent the administrative dismissal of his action for delay, establish a timetable, and amend his Statement of Claim to add a claim for shares in lieu of cash payment and to add a new corporate defendant.

The defendants opposed the amendment for shares, arguing it was a new cause of action barred by the Limitations Act, 2002.

The court found that the proposed amendment arose from the same factual situation as the original claim and was therefore not a new cause of action.

The court granted the motion to amend the pleadings, finding no non-compensable prejudice to the defendants.