The applicant insurer sought leave to appeal an order dismissing its motion to compel the plaintiff to attend three defence medical examinations and a future care assessment.
The motion judge had denied the examinations due to the insurer's failure to comply with the rules regarding the delivery of expert reports prior to pre-trial conferences.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's exercise of discretion under section 105 of the Courts of Justice Act.
