Harbut v. Berti
The court exercised its discretion to adjourn the April 7, 2026 trial because the prejudice to defendants from proceeding without further discovery and expert preparation outweighed the plaintiffs' prejudice from delay; the court granted leave to Burley Boys and Metro to add BITS and Maddison as third parties because there is arguable material supporting contribution/indemnity claims and uncertainty about limitation expiry, and directed that any limitation defence by the proposed third parties be determined in the third‑party proceedings on a fuller evidentiary record.
Source excerpt
- Adjournment
- Third‑party notice
- Contribution and indemnity
- Limitation period discoverability
- Expert evidence
- Discovery timing