Cracking Down On Late Service Of Expert Reports: Whitney V TTC Et Al.

"It is time for all counsel to ensure they deliver reports in accordance with the Rules. The public's interest in better access to justice which is part of the speedier resolution of lawsuits must be protected as well as the interests of the litigants themselves..." – The Endorsement of Judge Stevenson in Whitney v TTC et al.

The Ontario Superior Court of Justice ("ONSC") has once again cracked down on the late service of expert reports, holding that under Rule 53.03(3) and (4) of the Rules of Civil Procedure, O. Reg. 575/07, s. 6 (1), a reasonable explanation must be provided, and that mere inadvertence on behalf of counsel is not sufficient for granting leave to extend the time for service.