Background:

• Incident: On March 6, 2018, Shawn Theriault, while working, was rear-ended by Brian Wamboldt, allegedly causing a shoulder injury.
• Legal Action: Workers’ Compensation Board (WCB) commenced a subrogated action for recovery of benefits paid to Theriault.
• Key Dates:
  • Date Assignment Conference: October 14, 2022
  • Trial: June 17-20 and 24-27, 2024
  • Expert Report Deadline: September 1, 2023
  • Plaintiff’s Expert Report Filing: November 7, 2023

Legal Issue:

• Plaintiff sought permission to file a late expert report, citing exceptional circumstances.

Court's Analysis:

1. Probative Value:

   • The report from Dr. Karabatsos is highly probative since causation is disputed.
   • Defense relies on a contrary opinion from Dr. David Johnson.

2. Prejudice to Defendants:

   • Defendants would struggle to prepare for trial and file a rebuttal before the March 1, 2024 finish date.
   • Late filing risks trial delays.

3. Exceptional Circumstances:

   • Plaintiff cited counsel change, intent notification, and WCB instruction delays.
   • Court found no satisfactory explanation or exceptional circumstances beyond Plaintiff’s control.

4. Precedents:

   • Referenced cases where exceptional circumstances were not established or where there was undue delay.

Conclusion:

• Plaintiff did not demonstrate exceptional circumstances justifying the late filing.
• Motion to file the late expert report was dismissed.
• Costs of $1500 awarded to the Defendants.