What is the test for extending time for filing an expert report?

Alberta, Canada


The following excerpt is from DBD Construction Ltd v Tenfold Contracting Ltd, 2014 ABQB 773 (CanLII):

In Cornelson v. Alliance Pipeling Ltd. 2013 CarsewellAlta 2180, 2013 ABCA 378, [2013] A.W.L.D. 5268, 234 A.C.W.S. (3d) 125, in the context of a late filed expert report, the court stated the criteria for exercising a discretion to extend time for filing is: (1) the length of the delay; (2) the explanation for the delay; and(3) the relative prejudice to the parties.

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