What is the test for extending time for filing an expert report?
Alberta, Canada
The following excerpt is from DBD Construction Ltd v Tenfold Contracting Ltd, 2014 ABQB 773 (CanLII):
In Cornelson v. Alliance Pipeling Ltd. 2013 CarsewellAlta 2180, 2013 ABCA 378, [2013] A.W.L.D. 5268, 234 A.C.W.S. (3d) 125, in the context of a late filed expert report, the court stated the criteria for exercising a discretion to extend time for filing is: (1) the length of the delay; (2) the explanation for the delay; and(3) the relative prejudice to the parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the date of an expert report be extended to August 2, 2015? (Alberta, Canada)
Is there a "battle of the experts" between the experts"? (Alberta, Canada)
What is the content of each expert’s report? (Alberta, Canada)
In a motor vehicle case, is a plaintiff required to obtain a report from a bio mechanical expert to demonstrate that low speed impact collisions can result in injuries? (Alberta, Canada)
Is an expert's report required to establish the best interests of the child? (Alberta, Canada)
In what circumstances will an application be allowed to extend the time it takes to file a third party notice? (Alberta, Canada)
Does solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor? (Alberta, Canada)
Is expert evidence required in a claim for loss of income earning capacity? (Alberta, Canada)
What is the test for determining whether a jury is appropriate in cases involving conflicting expert opinions? (Alberta, Canada)
Does litigation privilege extend to a sworn witness statement? (Alberta, Canada)
