Kushnir v. Macari, 2017 ONSC 3382

SUPPLEMENTARY REASONS FOR DECISION

1These are supplementary reasons for decision to Kushnir v. Macari, 2017 ONSC 303, released by me February 3, 2017.

2Issues have arisen between the parties as to certain aspects of the conduct of the independent medical examinations of the plaintiff. The parties seek clarification from the court on two issues: the use of a questionnaire as in paragraph 6 of the final order, and non-disclosure by the expert as in paragraph 10 of the final order.

3Firstly, I find that the condition as previously ordered in paragraph 6, that the doctors/assessors will not use a questionnaire in advance of the assessment, does not preclude the use of psychometric testing forms and/or tests.

4Secondly, I find that the condition as previously ordered in paragraph 10, that the health records and information of the plaintiff shall not be disclosed by the expert to any other person or entity other than defence counsel, does not preclude the expert from utilizing the services of administrative staff for the preparation of the file, typing and/or editing of the report. Nor will this condition preclude a psychometrist utilized by Dr. Young from having full access to the plaintiff’s health records and information for the purposes of completing psychometric testing.

5A copy of the final order as issued, incorporating these supplementary reasons, is attached as Schedule ‘A’.

Honourable Madam Justice Helen MacLeod-Beliveau