The defendants appealed a condition imposed by a motions judge on an order compelling the plaintiff to attend defence medical examinations.
The plaintiff, injured in a motor vehicle accident, had previously been examined by experts retained by the statutory accident benefits insurer.
The motions judge upheld the order for tort medical examinations but added a condition prohibiting the defendants from calling the accident benefits experts at trial.
The Divisional Court allowed the appeal and struck the condition, finding that the motions judge erred by interfering with the Master's discretion without finding an error in principle, and by preempting the trial judge's statutory discretion regarding the number of expert witnesses.