R. Levitsky

The plaintiff brought a motion to compel the defendants, a transit commission and its bus driver, to answer questions refused during examinations for discovery and to re-attend to answer follow-up questions.

The underlying action involved a motor vehicle accident where the plaintiff was a passenger in a vehicle that collided with a transit bus.

The court ordered the defendants to answer questions regarding the driver's 1996 hiring process and driving history, finding them relevant to the pleadings alleging negligent hiring and supervision.

The court also ordered the defendants to re-attend examinations for discovery to answer proper questions arising from the newly provided answers.

The plaintiff was struck by a vehicle and claimed complex injuries including a traumatic brain injury.

The plaintiff served three expert reports and agreed to attend three corresponding defence medical examinations.

The defendant brought a motion for an order requiring the plaintiff to attend a fourth examination with a neurologist.

The court granted the motion, finding that the plaintiff had been treated by multiple neurologists who might be called as participant experts at trial to offer opinions on causation.

To ensure trial fairness and level the playing field, the defendant was entitled to a responding neurological examination.