The defendant insurer brought a motion seeking two defence medical examinations by an orthopedic specialist and an occupational therapist and production of the clinical notes and records underlying two expert reports recently served by the plaintiff.
The action arose from a 1994 motor vehicle accident and a dispute over termination of statutory accident benefits.
The court held that the defendant had previously obtained numerous medical assessments and had set the matter down for trial, indicating readiness to proceed on the existing evidence.
In the absence of evidence demonstrating a substantial and unexpected change in circumstances, the defendant failed to meet the threshold required to reopen interlocutory steps.
The request for production of underlying clinical notes and records was also rejected.
