In a personal injury action, the defendants sought an order compelling the plaintiff to attend an occupational therapy assessment to address alleged functional limitations and future care costs.
The plaintiff opposed the request, arguing that two defence medical examinations had already occurred and that any occupational therapy assessment should be limited to an interview.
The court considered its jurisdiction under s. 105 of the Courts of Justice Act and the developing jurisprudence permitting assessments by non-medical practitioners where reasonably required.
Given that the plaintiff intended to rely on an occupational therapist’s future care cost analysis at trial, fairness required that the defence be permitted to obtain its own functional assessment.
The court concluded that the requested examination, including physical functional testing, was necessary and not unreasonably intrusive.
