The plaintiff moved for an order to abridge the time for service of three expert reports and to grant leave to call them as experts, also requesting a trial adjournment for the defendants to obtain responding reports.
The defendants opposed, citing prejudice.
The court balanced the plaintiff's disadvantage in not leading expert evidence against the defendants' inability to respond and the case's long history of delays, including previous adjournments and late service of documents by the plaintiff.
Justice Rady, referencing a prior decision by Justice Grace, found that the prejudice to the defendants was irremediable without an adjournment, which had already been refused.
Consequently, the motion was dismissed, and leave to call the expert reports was denied.
