The defendants brought a motion to compel the plaintiff to attend and complete a defence neuropsychological examination.
The plaintiff, who suffered catastrophic impairment in a motor vehicle accident, had attempted the assessment on three occasions but was unable to complete it due to severe headaches, fatigue, and psychological distress.
The court dismissed the motion, finding that the plaintiff was not malingering and that compelling further testing would be futile and pose an undue risk of self-harm.
The court also adjourned the pre-trial to allow the defendants time to review newly filed expert reports.
