The defendant brought a motion under s.105 of the Courts of Justice Act for an order requiring the plaintiff to submit to a medical examination.
The plaintiff opposed the motion, citing significant delay by the defendant in seeking the examination, which would prejudice the plaintiff and delay the trial.
The court dismissed the motion, finding that the defendant's delay was inexcusable and that the prejudice to the plaintiff, who was 77 years old, and to the orderly administration of justice outweighed the defendant's right to a medical examination, especially given the availability of other medical evidence and the potential inadmissibility of a late expert report under Rule 53.03.
