The defendants brought a motion to compel the plaintiff to attend a defence medical examination with a neurologist in Toronto.
The plaintiff opposed the location, providing uncontroverted medical evidence from her treating physician and psychologist that she could not tolerate car travel longer than 30 minutes due to her injuries from a skid steer accident.
The court dismissed the motion, finding that while defendants have a prima facie right to choose their medical expert, this right is not unfettered when it compromises the plaintiff's well-being.
The defendants were granted leave to arrange an examination within a 30-minute drive of the plaintiff's residence.
