The defendants brought a motion to compel the plaintiff to attend a live virtual psychiatric assessment with Dr. D. Berbrayer.
The plaintiff had refused, arguing the defendants had previously opted for a paper review and that no new evidence warranted a further assessment.
The court granted the motion, finding that the necessity criterion was met due to a recently filed expert report by the plaintiff, and that trial fairness dictated both parties have an equal opportunity to present evidence.
The court also found no prejudice to the plaintiff and that granting the request would not delay the trial.
Costs were awarded to the successful defendants.
