What is the current state of the law on last-minute preparation for trial?

British Columbia, Canada


The following excerpt is from Tam v Allard, 2021 BCSC 1580 (CanLII):

I will just refer to the comments of Mr. Justice Kent in a 2018 decision in Forstved v. Kokabi , 2018 BCSC 111 which echoes my sentiments about last-minute activity that should have been conducted well before the trial date. At para. 17 of that decision, Kent J. said: I recognize this oral ruling at the conclusion of hurried submissions is inelegant and perhaps even inarticulate. The theme I am attempting to express is that last-minute scrambling and last-minute demands for extensive production of additional documents will not be endorsed by the court. Trial time is a precious commodity and efficiency is required for the system to work effectively and in a manner that is fair to all participants. Parties should approach preparation for trial and any related applications to compel additional production much earlier than was evidently done in this particular case.

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