The defendant brought a motion for leave to bring a motion after the action was set down for trial, seeking to compel the plaintiff to attend an independent neuropsychological examination.
The plaintiff opposed the motion, arguing that the defendant had sufficient time to arrange the assessment and that her condition was well-documented.
The court granted leave, finding that the plaintiff's late service of a new neuropsychological report constituted a substantial and unexpected change in circumstances.
Applying the factors for ordering a further medical examination, the court held that the defendant was entitled to respond to the plaintiff's expert report with a matching specialty report to ensure trial fairness.
The plaintiff was ordered to attend the examination, and the defendant was granted an extension of time to serve the resulting report.
