The defendants brought a motion for an order requiring the plaintiff to attend a defence assessment with an occupational therapist.
The court noted a jurisdictional issue regarding whether a master has the inherent jurisdiction to order an examination by a non-health practitioner, but proceeded to hear the motion based on prior authority.
Applying the test from Ziebenhaus, the court found that the defendants already had a clear and unequivocal report from a physiatrist stating the plaintiff's injuries did not impact her ability to work or carry out normal activities.
The court concluded the requested assessment was merely to corroborate the existing report or obtain a matching report, which was insufficient.
The motion was dismissed.
