The defendant in a long-term disability action brought a motion for an order requiring the plaintiff to attend a psychiatric Independent Medical Evaluation (IME).
The plaintiff opposed, arguing she had already attended a pre-litigation psychiatric assessment with a different doctor.
The court held that the pre-litigation assessment did not constitute a first examination under section 105 of the Courts of Justice Act, giving the defendant a prima facie right to the requested IME.
Alternatively, the court found sufficient evidence of a change in circumstances to warrant a further examination.
The motion was granted.
