The defendant brought a motion to compel the plaintiff, Zhen Ling Yan, to attend defence psychological, neurological, and physiatry assessments in a motor vehicle accident action.
The plaintiffs argued the defendant required leave under Rule 48.04(1) as the action was set down for trial.
The Master found leave was not required, distinguishing between setting an action down for trial and consenting to it being placed on a trial list under Rule 48.06(1).
The Master further found the assessments necessary for trial fairness, given the plaintiff's claims of serious injuries and expert reports.
The motion was granted, and the defendant was awarded partial indemnity costs.
