The defendant brought a motion seeking an order for the plaintiff to attend an independent medical examination (IME) with a physiatrist specializing in amputations.
The plaintiff, who had sustained a leg amputation, opposed the motion, arguing that their condition had not changed significantly since a previous defence medical assessment by an occupational medicine specialist, and that the request was a "do over." The court granted the motion, emphasizing the principle of fairness to allow the defendant to obtain expert evidence in a specialized area (amputation treatment) to respond to the plaintiff's physiatrist's opinion and to "level the playing field" in assessing damages.
