The defendant brought a motion under section 105 of the Courts of Justice Act and Rule 33.02 of the Rules of Civil Procedure to compel the plaintiff to attend a fourth defence medical examination, this time with a physiatrist.
The plaintiff had already attended examinations with an orthopaedic surgeon, a psychiatrist, and a neurologist.
The court dismissed the motion, finding that the defendant's orthopaedic surgeon had already provided extensive commentary and rebuttal to the plaintiff's physiatrist's report, and the defendant failed to provide sufficient evidence explaining why a further examination by a physiatrist was necessary to ensure trial fairness.
