The appellant appealed an order dismissing his action for failing to complete defence medical examinations.
The Court of Appeal found that while the appellant had been dilatory and uncooperative, dismissing the action is a measure of last resort.
The court allowed the appeal in part, setting aside the dismissal, ordering the appellant to pay $1,287.50 for a missed appointment, and requiring him to complete the examinations on the first available date, failing which the action would be dismissed.
