What is the effect of delivering a late expert report on the eve of trial?

British Columbia, Canada


The following excerpt is from Neyman v. Wouterse, 2013 BCSC 95 (CanLII):

In reaching my decision, I have also been mindful of the general remarks made by Savage J. in Perry at para. 19 about the underlying purpose of the Rules regarding expert reports: More generally, delivering expert reports on the eve of trial is antithetical to the purpose of the Rules regarding expert reports, which seek to ensure the parties have reasonable notice of expert opinions. Compliance with the Rules allows considered review of the expert opinions, the obtaining of important advice, and possible response reports. Under the former Rules, in Watchel v. Toby, [1997] B.C.J. No. 3150, 33 M.V.R. (3d) 115, Kirkpatrick J., as she then was, excluded in its entirety a late report delivered 12 days before trial where there was insufficient time to obtain any opinion evidence to answer the report.

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