Robert Hewett Littlejohn

The plaintiff brought a motion for leave to deliver an expert economic loss report after the pre-trial conference had been completed.

The motion was brought pursuant to Rules 53.03(4) and 53.08 of the Rules of Civil Procedure.

The plaintiff argued that an accurate economic loss report could not be obtained until the trial date was fixed.

The court rejected both the plaintiff's argument based on the Simplified Procedure and the argument regarding the necessity of a fixed trial date.

The court found that the plaintiff failed to provide a reasonable explanation for the failure to comply with Rule 53.03(2) and dismissed the motion with costs fixed at $3,500 on a partial indemnity basis.

This endorsement addresses costs, pre-judgment interest, and collateral benefit deductions following a three-week jury trial in a motor vehicle accident case.

The court determined pre-judgment interest for Meaghan Dunk's general damage award and denied the defendants' request for collateral benefit deductions from her future health care award, emphasizing the strict onus on defendants to prove overlap with statutory accident benefits.

The court also fixed Meaghan Dunk's costs at a substantial indemnity rate from the date of her Rule 49 offer, and partial indemnity prior, and adjusted her disbursements.

For Shelby Dunk, whose claim settled, the court fixed her disbursements.