Sep 10, 2015

Nova Scotia Civil Procedure Rules annotation of Rule 55.03

Shaw v. J.D. Irving Limited, 2011 NSSC 487 (CanLII)
Rule 55.03 – Deadline for filing report
The defendant sought (in part) to have a late filed expert report declared inadmissible. Held, motion granted: It's unacceptable that the report, which relates to causation, was only delivered to the defendant ten weeks before trial. It was provided in the context of a pending trial and not within the context of a physician's narrative during treatment. It is unequivocal as it relates to causation. To admit it would circumvent the rules on expert reports.