The defendant, RBC Life Insurance Company, brought a motion to compel the plaintiff, Michael Scuglia, to attend an examination for discovery and cross-examination on an affidavit.
The plaintiff resisted, arguing that any form of examination would be harmful to his physical and mental health due to existing medical conditions, including a vascular malformation and conversion disorder.
The court reviewed medical evidence from both parties, finding the plaintiff's medical evidence unpersuasive regarding the risk of serious harm.
The court concluded that the plaintiff failed to meet the high onus to be relieved from discovery obligations and granted the defendant's motion, ordering the plaintiff to attend discovery and cross-examination with appropriate accommodations.
