The defendants in a solicitor negligence action brought a motion to compel the plaintiff to attend orthopaedic and psychiatric defence medical examinations.
The action had already been set down for trial, requiring the defendants to seek leave under Rule 48.04.
The court applied the flexible approach to granting leave, noting that the trial date was not in jeopardy and that trial fairness required the defendants to have an opportunity to respond to the plaintiff's expert reports.
Despite the plaintiff's concerns regarding the COVID-19 pandemic and travel, the court ordered a virtual psychiatric assessment and an in-person orthopaedic assessment, finding that safety protocols at the hospital would adequately address the risks.
