In a medical malpractice action alleging a misdiagnosed spinal cord injury, the defendants moved for an order requiring the plaintiff to undergo a neuropsychological assessment.
The motion was brought eight years after the statement of defence and nine months before trial.
The court dismissed the motion, finding no evidence to support an allegation of cognitive impairment, and concluding that the elements of fairness, necessity, and prejudice weighed against ordering the examination at such a late stage.
