The defendant brought a motion to adjourn the pre-trial conference and trial of a motor vehicle accident action.
The plaintiffs had served several expert reports, including a new economic loss report and a biomechanics report, shortly before the deadline and trial date.
The defendant argued that additional time was required to obtain responding expert reports, conduct further defence medical examinations, and pursue documentary discovery from non-parties.
The court granted the adjournment, finding that the prejudice to the defendant in proceeding to trial without the opportunity to fully defend the claims outweighed the prejudice to the plaintiffs caused by the delay.