The defendant brought a motion to compel the plaintiff to attend a defence neuropsychological assessment and to extend the time for service of the resulting expert report.
The motion was brought after the deadline for serving expert reports under the agreed timetable and the Rules of Civil Procedure had passed.
Applying the amended Rule 53.08(1), the court found that the defendant failed to provide a reasonable explanation for the delay in scheduling the examination.
The motion was dismissed, emphasizing the strict enforcement of expert report deadlines to prevent trial delays.
