The defendants brought a motion on the eve of trial seeking an adjournment, leave to serve a late expert report, and leave to amend their Statement of Defence to add a counterclaim.
The underlying action involved allegations of environmental contamination flowing from the defendants' property to the plaintiff's property.
The court dismissed the motion, finding that the individual defendant, who had been self-represented for much of the litigation, had known about the issues for years but failed to act until the eve of trial.
The court held that granting the relief would cause significant delay and non-compensable prejudice to the plaintiff.
