The plaintiffs sought leave to appeal an interlocutory order compelling the plaintiff to attend a defence vocational assessment with a non-health practitioner.
The central issue was whether the court has inherent jurisdiction to order such an assessment independent of section 105 of the Courts of Justice Act.
The court found conflicting authorities on this issue and determined it was open to serious debate and of general importance to the profession.
Leave to appeal to the Divisional Court was granted.
