At the opening of trial, the plaintiff and self-represented Third Party sought leave to admit late expert evidence under Rule 53.03(4) and an adjournment of the trial.
The professional negligence claim, involving tax returns and CRA re-assessments, had been ongoing for nine years.
The plaintiff, having been represented by multiple lawyers, acknowledged the need for new counsel to properly present the complex case, especially given the preliminary nature of the expert report.
The court granted leave for the expert report and adjourned the trial, striking it from the list, to allow the plaintiff to retain counsel and properly prepare, while also ensuring fairness to the defendant by awarding costs thrown away and setting a deadline for expert reports.
