The defendant brought a motion to compel the plaintiff to attend independent medical examinations (IMEs) without conditions and sought costs thrown away for a previously cancelled appointment.
The plaintiff requested to have a support person present and to audio record the examination, citing stress and allegations of bias against the examining doctor.
The court permitted the plaintiff to have a support person present as a passive observer due to her mental condition, but denied the request to audio record the examination, finding insufficient evidence of bias.
The court also declined to award costs thrown away, finding the defendant booked the appointment prematurely before terms were agreed upon, and held that the plaintiff was not required to sign consent forms for the IMEs.