The defendant, Sunlife Assurance Company of Canada, brought a motion seeking an order to compel the plaintiff, Suzanne McGee, to undergo a neuropsychological evaluation and to adjourn the scheduled pre-trial and trial dates.
The defendant argued this was necessary due to a perceived change in opinion from the plaintiff's orthopedic expert following a Functional Abilities Evaluation (FAE).
The court found that the orthopedic expert's subsequent letter merely summarized the FAE's conclusions, which were outside his area of expertise, and did not constitute a new expert opinion requiring a response.
The court also noted the defendant had previously decided against obtaining its own FAE.
The motion was dismissed, and the defendant was ordered to pay costs to the plaintiff.
