In this personal injury action arising from a motor vehicle accident, the moving defendant sought leave after the action had been set down for trial to bring a motion compelling the plaintiff to attend a defence psychiatric examination shortly before a scheduled jury trial.
The court held the defendant knew or ought to have known for years that serious psychological impairment was being advanced and that the recent report did not amount to a substantial or unexpected change in circumstances.
The court found the late request risked imperilling the long-scheduled trial and would unfairly prejudice the plaintiff, while any prejudice to the defendant was self-induced.
Leave and the requested examination order were refused.
