The defendant brought a motion to compel the plaintiff to attend a second independent medical examination.
The plaintiff had surreptitiously recorded a previous examination by the defendant's expert, which the defendant argued compromised the expert's evidence.
The court granted the motion, finding the surreptitious recording improper and that fairness required a second examination.
The court also denied the plaintiff's request to record the new examination, noting there is no right to record defence medical examinations without leave.
