Can the requirement to deliver an expert report within 84 days (or a response report in 42 days) be dispensed with?

British Columbia, Canada


The following excerpt is from Cao v Chen, 2019 BCSC 844 (CanLII):

Returning to the wording of sub‑Rule 11-7(6)(b), the requirement to deliver an expert report within 84 days (or a response report in 42 days) can be dispensed with when the non-compliance is unlikely to cause prejudice. The nature of prejudice is described as including the inability of the party who would receive the report to prepare for cross-examination or where that party is deprived of a reasonable opportunity to tender evidence in response. Another case applied this language without expressly citing either of the approaches discussed above (Paur v. Providence Health Care, 2015 BCSC 1008, at para. 76).

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