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The court granted an interlocutory injunction over shared family property in Abbotsford, dividing access to Clearbrook Road pending trial, but declined to shorten the expert report deadline.
The court allowed the late filing of the experts because exceptional circumstances existed (previous counsel missed multiple deadlines and failed to recognise existing disclosure; key information was only recently clarified), the expert reports were highly probative and necessary to determine business income, valuation and spousal support, and the prejudice to the respondent was minimal given no trial date; conversely, the court denied production orders for estimated market remuneration and 2020 vehicle valuations because those items were not in the respondent's possession or readily accessib…
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The motion is dismissed because the plaintiff failed to establish exceptional circumstances or reasonable diligence to justify the nine‑week late expert report; the prejudice to defendants and risk to trial dates outweighs the report's probative value, therefore the expert report is excluded and the motion to extend time is refused.
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The court abridged the expert report deadline and allowed late reports as primary evidence, but ordered increased costs against the plaintiff for the application and trial management conferences.
The court granted HRM's motion to vacate the existing September 2022 trial dates and adjourn the trial because the reserved Supreme Court of Canada decision on a central legal issue (de facto expropriation) created a presumption of prejudice if the trial proceeded, shifting the burden to Annapolis to demonstrate very special reasons to proceed; Annapolis failed to meet that burden and also failed to comply with agreed expert report deadlines, causing further prejudice to HRM. The trial was rescheduled to begin April 15, 2024 and HRM was awarded costs of $2,500.
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The court ordered two independent medical examinations and extended expert report deadlines, but adjourned the trial-adjournment application for later review.
The court adjourned a motor vehicle injury trial after late disclosure of a major depressive disorder and related leave from work required further defence preparation.
The court granted a 10-day adjournment of a personal injury trial after a dispute over an IME was caused by an incorrect view of COVID-19 deadline suspensions.
The court dismissed a defence application for a rheumatology examination, finding unexplained delay, no effort to secure alternate experts, and foreseeability of fibromyalgia from prior records.
Registrar Sainty assessed costs after settlement and allowed some expert, transcript, courier, fax, and copying disbursements while disallowing late reports, certain MRIs, and cancellation fees.
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