TU v ZISCHE, 2011 ABQB 775


8.5: Trial date: scheduled by the Court

Case Summary

The Court had previously exercised its discretion pursuant to Rule 8.5 to make a procedural Order and to allow for the Action to be set down for Trial, despite the Parties’ inability to certify that no further Pre-Trial steps were required. Following that Decision, the Plaintiff requested additional time to allow for an expert’s report to be completed. The Defendant objected to any further delay, and argued that the Plaintiff’s proposed expert’s report may not even be admissible. Justice Lee agreed that the matter had already endured a lengthy delay and confirmed his previous Order that the matter be set down for Trial. However, Justice Lee further directed that the Defendant had 60 days from receipt of the expert’s report to formally object to its admissibility.

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