Evidence Admissible only with Leave
 53.08 (1) If evidence is admissible only with leave of the trial judge under a provision listed in subrule (2), leave may be granted if the party responsible for the applicable failure satisfies the judge that, (a) there is a reasonable explanation for the failure; and (b) granting the leave would not, (i) cause prejudice to the opposing party that could not be compensated for by costs or an adjournment, or (ii) cause undue delay in the conduct of the trial. O. Reg. 18/22, s. 10 (1). (2) Subrule (1) applies with respect to the following provisions: 1. Subrule 30.08 (1) (failure to disclose document). 2. Rule 30.09 (failure to abandon claim of privilege). 3. Rule 31.07 (failure to answer on discovery). 4. Subrule 31.09 (3) (failure to correct answers on discovery). 5. Subrule 53.03 (3) (failure to comply with requirements re experts’ reports). 6. Subrule 76.03 (3) (failure to disclose witness). O. Reg. 284/01, s. 13; O. Reg. 260/05, s. 11; O. Reg. 18/22, s. 10 (2). Calculation of Awards for Future Pecuniary Damages Discount Rate 53.09 (1) The discount rate to be used in determining the amount of an award in respect of future pecuniary damages, to the extent that it reflects the difference between estimated investment and price inflation rates, is, (a) for the 15-year period that follows the start of the trial, the greater of, (i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics
for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent and rounded to the nearest 1/10 per cent, and (ii) zero; and (b) for any later period covered by the award, 2.5 per cent per year for each year in that period.  O. Reg. 488/99, s. 2; O. Reg. 263/03, s. 4 (1); O. Reg. 231/13, s. 9 (1). Gross Up (2) In calculating the amount to be included in the award to offset any liability for income tax on income from investment of the award, the court shall, (a) assume that the entire award will be invested in fixed income securities; and (b) determine the rate to be assumed for future inflation in accordance with the following formula: g rounded to the nearest 1/10 per cent where, g = (1 + i) / (1 + d) – 1 “i” is the average of the value for the last Wednesday in each month of the nominal rate of interest on long-term Government of Canada bonds (Series V121758, formerly Series B113867), as published in the Bank of Canada’s Weekly Financial Statistics
for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins; “d” is, (a) for the 15-year period that follows the start of the trial, the greater of, (i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent, and (ii) zero, and (b) for any later period covered by the award, 2.5 per cent per year for each year in that period. O. Reg. 488/99, s. 2; O. Reg. 263/03, s. 4 (2); O. Reg. 231/13, s. 9 (2). Transition (3) This rule, as it read on December 31, 2013, continues to apply with respect to actions in which the trial commenced before January 1, 2014. O. Reg. 231/13, s. 9 (3).