Better late than never? Not when it comes to expert reports

By Martin Smith and Angela Ribarich (September 5, 2023, 2:21 PM EDT) -- This is a case study of the decision in Lamothe v. Sudbury Trail Plan Assn., 2023 ONSC 3176. Gaetan Lamothe, the plaintiff, was in a snowmobile accident in 2014. The plaintiff served several expert opinion reports regarding the nature and extent of his injuries. The defendant did not serve any responding expert opinion reports. The matter was set down for trial twice; in 2019 (delayed due to COVID) and in September 2023. In February 2023, the defendant moved to require the plaintiff to undergo four independent medical assessments and leave to extend the deadline to deliver the reports late if the assessments are ordered....
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