The plaintiff, injured in a motor vehicle accident, suffered chronic pain and pain-related depression, which was treated by her family doctor and a neuropsychologist.
The defendant moved for an independent psychiatric examination of the plaintiff by a specific psychiatrist, Dr. Monte Bail.
The motion was dismissed.
The court found insufficient evidence to warrant a psychiatric examination, noting the plaintiff had never been treated by a psychiatrist and her psychological condition had improved.
Granting the order would significantly delay the upcoming trial.
The court also made strong obiter comments that Dr. Bail would not have been permitted to conduct the examination due to previous judicial findings of lack of credibility and failure to adhere to expert duties under Rule 4.1.01.
