The case Cole v. Strum Environmental Services Limited (2023 NSSC 423) involves a dispute over the late filing of an expert's report by the plaintiffs, Keith Cole and The Co-operators General Insurance Company, against the defendant, Strum Environmental Services Limited.
Key Points:
- Background: The case stems from a fuel oil spill discovered on December 10, 2009, at a property owned by Keith Cole and insured by The Co-operators. Strum Environmental Services was hired to manage the cleanup, but the plaintiffs allege Strum's work was negligent, leading to additional remediation costs and the eventual involvement of another firm, Stantec Consulting Ltd.
- Legal Issue: The plaintiffs attempted to file a new expert report (the Schifano Report) after missing the deadline set by Rule 55 of the Nova Scotia Civil Procedure Rules. The plaintiffs argued that exceptional circumstances justified the late filing.
- Court's Decision: The court denied the plaintiffs' motion to file the late expert report and also rejected their request for an adjournment. The judge emphasized the strict requirements of Rule 55, which mandates timely filing of expert reports unless exceptional circumstances are proven. The court found no such circumstances in this case, as the plaintiffs had ample time since 2012 to address any issues with their expert testimony but failed to do so.
- Outcome: The case will proceed to trial without the late-filed Schifano Report, beginning on February 20, 2024, with the jury notice struck by consent of the parties, meaning the trial will be heard by a judge alone. No monetary award specified.
