Mark Andrew Dean Coleman

The plaintiff, Penalta Group Ltd., brought a motion to extend deadlines for serving expert reports and setting the action down for trial, following a previous order that set aside an administrative dismissal for delay.

The defendant American Buildings Company opposed the motion, arguing for automatic reinstatement of the dismissal.

The court granted the extension for setting the action down for trial to November 3, 2022, and partially granted the extension for expert reports, specifically for Mr. Hartog's report to July 30, 2022.

However, a further extension for an additional expert report was denied due to insufficient evidence that an expert had been retained or how long it would take.

The court also granted leave for the plaintiff to continue the motion after serving the trial record.

In a complex construction lien dispute involving multiple related actions arising from the redevelopment of a municipal facility, several parties brought a motion to vary a prior case management order to establish a trial sequence.

The consolidated litigation involved lien claims, bond claims, and related economic loss and trust claims among a municipality, a general contractor, sub‑trades, architects, and bonding parties.

The moving parties sought to try the sub‑trades’ lien claims first, followed by the general contractor’s lien claim and then the remaining actions.

The court held that a case management judge has broad procedural authority under Rule 77 to manage litigation efficiently and may vary earlier procedural orders where new circumstances arise.

Considering a conditional settlement offer and the potential for significantly shortening the litigation, the court granted the motion and ordered the proposed trial sequence.