The defendants in a personal injury action sought an order to compel the plaintiff to attend a defence medical examination.
The plaintiff agreed on the condition that the examination be audio recorded, citing systemic bias among defence medical examiners.
The motion judge and Divisional Court allowed the condition.
On appeal, the Court of Appeal allowed the appeal and ordered the examination to proceed without conditions, holding that an order to record a defence medical requires a specific factual foundation of potential abuse or concern regarding the specific doctor, not merely allegations of general systemic bias.
