The defendants, Fowler Construction Company Limited and The Corporation of the City of Toronto, brought a motion under Rule 33.01 of the Rules of Civil Procedure to compel the plaintiff, Tennisha Pulford, to attend a defence neuropsychological examination.
The plaintiff opposed, arguing the motion lacked evidence and sought to corroborate a deficient prior expert opinion.
The court granted the motion, emphasizing the principle of "trial fairness" and the need for "matching reports" from experts in the same specialty, particularly given the plaintiff's assertion of cognitive and neurological damage.
Despite a noted deficiency in the defendants' supporting evidence, the court found the need for the examination outweighed this, and that it would not delay the trial.
No costs were awarded due to the evidence deficiency.
