The defendants in a personal injury action arising from a motor vehicle accident brought a motion for a further defence medical examination by a psychiatrist.
The plaintiff opposed the motion, arguing the defendants had already received numerous psychological reports and a further examination would delay the trial.
The court granted the motion, finding that the plaintiff's recent treatment at the Centre for Addiction and Mental Health (CAMH) and a new diagnosis of major depressive disorder constituted a material change in circumstances.
The court ordered the plaintiff to attend the psychiatric assessment, noting there was little prospect the trial would be called before the assessment could be completed.