The defendant, The Corporation of the County of Essex, brought a motion requesting the plaintiff, Josef Stonehouse, attend a further neuropsychological assessment and for raw test data from the plaintiff's neuropsychologist.
The court denied the motion, finding that leave was required under Rule 48.04(1) as the trial record had been filed and parties had previously agreed they were ready for trial.
Even if leave were granted, the defendant failed to establish the necessity of the further examination, having made a strategic decision to delay and not comply with previous timetables, and considering potential prejudice and "practice effects" on the plaintiff.
Costs were awarded to the plaintiffs.
