The defendants brought a motion to adjourn a three-week trial scheduled to commence in one month, citing the plaintiffs' late production of documents and two expert reports.
The plaintiffs agreed to withdraw one expert report if the trial proceeded.
The court applied the factors from Ariston Realty and Igbinosun, finding that the defendants failed to provide sufficient evidence demonstrating why they could not proceed or how their defence would be significantly compromised.
The court emphasized the prejudice of delay to the plaintiffs in an eight-year-old action and dismissed the motion, without prejudice to the defendants seeking relief at trial regarding the late productions.
