The defendant brought a motion to compel the plaintiff to attend defence medical examinations in Toronto.
The plaintiff, who resides near Thunder Bay, objected on the basis that his injuries from a motor vehicle accident rendered him medically unable to travel.
After reviewing expert evidence, including a jointly retained neurosurgeon's report and evidence of the plaintiff's extensive recent travel, the court found the plaintiff was medically able to travel.
The plaintiff was ordered to attend the examinations in Toronto, without prejudice to his right to bring a subsequent motion regarding COVID-19 concerns.
Costs were awarded to the defendant.
