Noura Bagh

The moving party sought an extension of time under r. 53.03(4) of the Rules of Civil Procedure to serve a responding orthopaedic expert report after the pre-trial conference deadline.

The court applied r. 53.08(1), including post-amendment authorities emphasizing that late expert reports are not to be routinely permitted and that the moving party must show both a reasonable explanation and no non-compensable prejudice or undue trial delay.

The court found the missed deadline was caused by inadvertence in trial scheduling communications rather than inattentiveness to the file, and accepted that explanation as reasonable on the record.

The court also found any prejudice could be addressed by costs and that trial delay was not established.

The motion was granted, with the moving party required to pay reasonable costs of an expedited reply report, and no costs were ordered on the motion.

The plaintiffs sought leave under Rules 53.03(4) and 53.08 of the Rules of Civil Procedure to deliver two further expert reports—an orthopaedic assessment and a future care cost report—after the pre-trial conference had been completed.

The court reviewed the applicable rules and relevant case law, ultimately finding that the plaintiffs failed to provide a reasonable explanation for the late delivery of both reports.

The motion was dismissed, and costs were awarded to the defendants.