The Defendants applied to set a Trial date, notwithstanding that the Parties had not complied with the Rules of Court Pre-Trial requirements. In order to secure a Trial date, the Defendants sought an Order from the Court setting down various deadlines in respect of Experts’ Reports and also sought an Order waiving the requirement for the Plaintiff to file an Affidavit of Records.

The Court noted that the new Rules of Court do not allow for a Conditional Certificate of Readiness; however, Rule 8.5(1)(c)(iii) provides the Court with discretion to set a Trial date or direct the Court Clerk to set a Trial date, if the Court is “satisfied that a trial date should be set”.

The Court 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.