The defendant brought a motion for an independent medical examination (IME) of the plaintiff in a wrongful dismissal action.
The plaintiff alleged an inability to mitigate damages due to a mental health condition, claiming this would prevent mitigation for up to 26 months.
The court, acknowledging the unusual nature of an IME in wrongful dismissal cases, found it appropriate given the plaintiff's prolonged assertion of inability to mitigate.
The motion was granted, conditional on the plaintiff's inability to mitigate extending beyond 12 months from the date of termination, balancing the employer's right to test such assertions against potential abuse.
