Chang Xin Construction v. 2049390 Ontario Inc., 2025 ONSC 1283

• Issue: The defendant, 2049390 Ontario Inc., sought to adjourn the peremptory trial, citing the health issues of its principal, James Kan.
• Decision: The motion to adjourn was denied.
• Key Reasons:
  • The court found no sufficient medical evidence proving Kan was unable to participate.
  • His medical reports lacked independent assessments verifying his claimed symptoms.
  • The request was made on the eve of trial despite symptoms allegedly existing for over a month.
  • Delaying the trial further could impact witness memory and procedural fairness, particularly in a Construction Act lien action, which requires expedited resolution.

Chang Xin Construction v. 2049390 Ontario Inc., 2025 ONSC 1503

• Issue: The plaintiff objected to the defendant’s proposed expert, Michael Colalillo, arguing he was not qualified under Rule 53.03.
• Decision:
  • Colalillo was not permitted to testify as a Rule 53.03 expert but could testify as a participant expert, subject to a voir dire.
  • His December 30, 2024, and February 10, 2025, reports were ruled inadmissible.
• Key Reasons:
  • The reports failed to meet Rules of Civil Procedure requirements.
  • He was directly involved in the project, impacting impartiality.

Outcome:

• The trial proceeded as scheduled without adjournment.
• The defendant faced expert evidence restrictions.
• No damages or awards were determined in these rulings.