The defendant brought a motion under s. 105(4) of the Courts of Justice Act seeking an order compelling the plaintiff to attend a further independent medical examination by a psychologist for a psycho‑vocational assessment shortly before trial.
The defendant argued the examination was necessary to respond to the plaintiff’s psychological expert report asserting that the plaintiff was totally disabled from employment following a motor vehicle accident.
The court held that the defendant had not demonstrated that the further examination was necessary to ensure a fair trial, noting the plaintiff had already undergone several defence examinations and that the defendant could obtain opinion evidence through a records review.
The court further found the motion was brought too late, only weeks before trial, and would likely prejudice the plaintiff by delaying the scheduled trial.
The motion was dismissed.
