The defendants brought a motion to compel the plaintiff, Giuseppina Farrugia, to undergo a defence occupational therapy assessment.
The court granted the motion, exercising its inherent jurisdiction, as an occupational therapist is not a "health practitioner" under the Courts of Justice Act.
The court found the assessment necessary for trial fairness, allowing the defendants to adequately respond to the plaintiff's significant claims for damages related to loss of income and future care, which were supported by the plaintiff's own expert reports.
The court also addressed the timing of the assessment and report delivery to mitigate prejudice to the plaintiff.
