Dr. Tepperman

The defendants moved for an order requiring the plaintiff in a motor vehicle accident action to attend additional defence medical examinations by a physiatrist and a psychiatrist.

The defendants argued the plaintiff’s condition had changed and that trial fairness required further examinations because the plaintiff’s experts had examined her multiple times.

The court reviewed the governing principles under s. 105 of the Courts of Justice Act and Rules 33.01–33.02 of the Rules of Civil Procedure regarding further defence medical examinations.

The court held that no material change in the plaintiff’s condition had been demonstrated and that the request largely amounted to an attempt to corroborate existing defence opinions.

Trial fairness did not require additional examinations, and the defendants had not provided sufficient evidentiary foundation to justify the order.

The appellant, a pedestrian struck by a motor vehicle, suffered severe injuries resulting in lymphedema.

At trial, liability was admitted, and a jury awarded her $290,000 in non-pecuniary damages, $30,000 for past income loss, and $43,300 under the Family Law Act, but zero for future income loss.

The appellant appealed the zero award for future income loss, arguing it was unreasonable.

The Court of Appeal dismissed the appeal, finding that the jury's verdict was supported by evidence of the appellant's successful employment and promotions post-accident, and that the jury was entitled to reject the appellant's expert evidence regarding her future loss of competitive advantage.