What is the test for admitting a late-served expert report?

British Columbia, Canada


The following excerpt is from Isbister v. Delong, 2017 BCCA 340 (CanLII):

The decision to admit a late-served expert report involves an exercise of discretion. As such, the decision is owed deference on appeal. In Stone v. Ellerman, 2009 BCCA 294, 93 B.C.L.R. (4th) 203, leave to appeal ref’d [2009] S.C.C.A. No. 364, Chief Justice Finch summarized the applicable standard of review as follows:

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