Kari-Anne Layng

The court considered a motion by the defendant to compel the plaintiff to attend two defence medicals and to permit late service of expert reports in a motor vehicle accident case.

The court found the defendant's explanation for delay unreasonable and dismissed the motion, except for allowing late service of a neurology report, as the plaintiff did not oppose that part.

The court emphasized the importance of timely expert report exchange and the consequences of litigation strategy that delays compliance with the rules.

The applicants, condominium unit owners, brought an application against the condominium corporation and its board of directors seeking an oppression remedy and compliance orders under the Condominium Act.

The applicants alleged the board acted oppressively by ignoring communications, mishandling an elevator malfunction, and copying the applicants' employers on a warning letter regarding harassment.

The court dismissed the application, finding that the board acted reasonably and in good faith in response to the applicants' excessive communications.

The court also held that several of the applicants' claims were statute-barred by the two-year limitation period and that defamation claims could not be brought via application.