Event and Time
Event Description
This case involves a civil procedure dispute related to an application for extensions of time concerning expert reports in the context of a claim for allegedly defective concrete. The parties involved are Tony Weekes (plaintiff) and Dustin and Lisa Vandervelde (defendants).
Application and Claims
- Plaintiff (Tony Weekes):
- Seeks leave to file an amended statement of claim. - Desires to present further evidence, including an expert report.
- Defendants (Dustin and Lisa Vandervelde):
- Do not oppose the amended pleading as long as Tony Weekes agrees to pay the costs incurred due to the amendment. - Also do not contest the utilization of a lay witness' affidavit by the plaintiff.
Judicial Decisions
- The court granted:
- Orders 1, 3 (excluding 3(c)), and 5 from the notice of motion filed on 24 September 2021. - Leave for the defendants to submit a reply report by 21 October 2021. - The defendants’ recovery of costs for the motion. - Liberty for any party to list the matter before the list judge with 24 hours’ notice.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Argues that the existing statement of claim requires amendment to reflect circumstances regarding the alleged defective concrete. - Claims the necessity for additional evidence to substantiate his position.
- Defendants' Arguments:
- Raise no objection to the amendments but stress the importance of addressing costs resulting from the amendments. - Agree to the use of a lay witness' affidavit, possibly indicating acknowledgment of the plaintiff's substantive arguments.