The defendants moved for an order compelling the plaintiff in a motor vehicle personal injury action to undergo a further orthopaedic examination.
Applying the necessity, fairness and prejudice framework governing further defence medical examinations, the court held the evidentiary record did not establish a legitimate need for another assessment.
The defendants had already obtained a physiatry assessment addressing causation, impairment and prognosis, and failed to show a material change in condition after that defence assessment.
The motion was denied, and costs were awarded to the plaintiff on a partial indemnity scale.
