The plaintiff was involved in a motor vehicle accident and commenced an action without complying with the defendant insurer's request for a Functional Capacities Assessment under s. 258.3(1)(d) of the Insurance Act.
The defendant successfully moved for an order compelling the plaintiff to submit to the examination.
The plaintiff appealed, arguing the court lacked jurisdiction to order compliance and was restricted to considering non-compliance in awarding costs under s. 258.3(9).
The Divisional Court dismissed the appeal, holding that the court retains discretion to order compliance to further the legislative objective of facilitating early settlement.
