The defendants brought a motion to compel the plaintiff to attend a combined psychological and neuropsychological assessment.
The plaintiff had alleged cognitive impairment and attended an Acquired Brain Injury program, but had not obtained her own neuropsychological report.
The court dismissed the motion, finding that the defendants had delayed in requesting the assessment and failed to demonstrate that trial fairness required the order, especially given the plaintiff's strategic decision not to focus on significant cognitive deficiency at trial.
The court emphasized the prejudice to the plaintiff in terms of cost and time, and the self-inflicted disadvantage of the defendants' delay.
