The plaintiff, an infant who allegedly sustained a brain injury in a motor vehicle accident, brought a motion to compel her mother (the defendant driver) to be present during all of her medical appointments and assessments.
The plaintiff also sought leave under Rule 48.04(1) to bring the motion after the trial record had been passed.
The court granted leave, emphasizing the interests of justice for an infant plaintiff.
However, the court dismissed the plaintiff's request for the mother to be present in the examination room, finding the defence's proposal—that the mother could accompany the plaintiff and be interviewed separately, while another chaperone could be in the room—struck a reasonable balance.
