The defendant, State Farm, brought a motion for a neuropsychological examination of the plaintiff, Tie Cindy Li, by Dr. Mark Dowhaniuk.
The motion was brought under ss. 40(1) and 42(1) of the Statutory Accident Benefits Schedule (SABS) and, alternatively, Rule 33 of the Rules of Civil Procedure and s. 105 of the Courts of Justice Act.
The plaintiff claimed catastrophic impairment due to a motor vehicle accident, alleging cognitive impairment, among other issues.
The court found the examination necessary to determine the plaintiff's entitlement to benefits and whether the impairment was catastrophic, preferring the defendant's experts' opinions over the plaintiff's.
The motion was granted, and costs were awarded to the defendant.
