The personal defendant brought a motion to exclude the plaintiff from her examination for discovery.
The underlying action involved claims of defamation and wrongful dismissal following the plaintiff's termination for allegedly sexually assaulting the personal defendant at work.
The personal defendant adduced evidence from her treating psychologist that the plaintiff's presence would be significantly re-traumatizing and exacerbate her PTSD and depressive symptoms.
The court granted the motion, finding that the risk of psychological harm to the personal defendant outweighed any prejudice to the plaintiff, who already had access to the investigative report detailing her allegations.
