The plaintiff appealed an order of an Associate Judge requiring her to attend in-person defence medical examinations with a physiatrist and a neuropsychologist.
The plaintiff had refused to attend due to fears of contracting COVID-19.
The Superior Court of Justice dismissed the appeal, finding that the Associate Judge made no palpable and overriding error in concluding that the in-person examinations were necessary and that the assessment facility's COVID-19 safety protocols were adequate.