The defendant brought a motion to recover costs thrown away after the plaintiffs refused to sign consent forms at a scheduled defence medical examination, resulting in the examination's cancellation.
The plaintiffs had not been provided the consent forms in advance and were unable to reach their counsel for advice at the time of the appointment.
The court dismissed the motion, finding that the plaintiffs acted reasonably in refusing to sign unfamiliar documents in an adversarial context without the opportunity to consult their lawyer.
The defendant was ordered to pay the plaintiffs' costs of the motion.
