The defendant, State Farm, brought a motion to compel the plaintiff, Lynnette Dalton James, to attend a defence psychological examination in Mississauga.
The plaintiff agreed to the examination but requested it be held in Markham, where she resides, or by videoconference, citing vehicular anxiety and pain stemming from a motor vehicle accident.
The court, applying principles for determining the location of defence medical examinations, found that the plaintiff's choice of location was reasonable given her diagnosed Posttraumatic Stress Disorder with vehicular anxiety/avoidance.
The defendant failed to demonstrate why the examination could not be conducted at the more convenient Markham location.
The motion to compel attendance in Mississauga was dismissed, and the plaintiff was ordered to attend the examination in Markham or by videoconference.
The plaintiff's separate request for leave to set the action down for trial before mandatory mediation was refused.
