The plaintiffs brought a motion for an order to permit them to obtain soil and groundwater samples from a neighbouring property owned by a non-party, after the action had been set down for trial.
The plaintiffs sought the samples to allow their expert to perform forensic environmental testing to respond to the defendants' expert reports regarding PCB contamination.
The court granted leave to bring the motion, finding the expert's need for additional sampling constituted an unexpected change in circumstances.
The court also granted the inspection order, concluding that the testing would be useful and probative in determining whether the contaminants on the plaintiffs' property originated from the neighbouring property.
