Does the late filing of an expert report under the BCSC's Disjunctive Expert Report Rule permit late filing?

British Columbia, Canada


The following excerpt is from Cambie Surgeries Corporation v British Columbia (Attorney General), 2018 BCSC 1146 (CanLII):

As can be seen this Rule permits the late filing of expert reports in three circumstances: new facts have arisen, prejudice is unlikely or the interests of justice require it. These are disjunctive so that only one need be established (2016 BCSC 2376, at para. 13; citing Perry v. Vargas, 2012 BCSC 1537, at paras. 14-15).

Other Questions


Can an applicant and respondent at a summary trial rely on expert reports, examinations for discovery, interrogatories, use of admissions, and expert reports? (British Columbia, Canada)
Does a defendant have to match expert for expert and report for report? (British Columbia, Canada)
Can the requirement to deliver an expert report within 84 days (or a response report in 42 days) be dispensed with? (British Columbia, Canada)
In an expert report on the anatomy of the brain, is the expert relying on common practice or treatises? (British Columbia, Canada)
What is the impact of an expert's adoption of another expert’s report? (British Columbia, Canada)
Does a party have to obtain a report from a doctor before obtaining the report from that doctor? (British Columbia, Canada)
What is the test for admissibility of expert reports containing hearsay evidence? (British Columbia, Canada)
What is the test for an expert report that must be delivered at least 60 days before it can be tendered? (British Columbia, Canada)
What is the evidentiary threshold for an order under Rule 7-6(1) to contemplation of an expert's report? (British Columbia, Canada)
What is the effect of a finding of professional misconduct by the Law Society of BC for failing to file a trust report? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.