Legal Blog

Expert Reports Late Deliver

Agha v. Munroe 2022 Ont SCJ

Rule 50.03 has changed regarding timelines within which expert reports be served. Previously, if a report was served late, a trial judge had to grant leave to allow the expert evidence, but on terms that were just. The new rule, Rule 53.08, states that leave may (not shall) be granted and only if (i) the party at fault gives a reasonable explanation for the failure and (ii) the granting of leave would neither prejudice the opposing party that could not be compensated by costs or an adjournment nor unduly the conduct of the trial. In this case, the request for leave came in the middle of trial and the judge refused to grant it.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.