The defendant sought leave to appeal to the Divisional Court from an order dismissing a motion for a defence neuropsychological examination in a motor vehicle accident action.
The underlying motion had been brought after the action was set down for trial and after several other defence medical examinations had already been conducted.
The court considered the test for leave to appeal under Rule 62.02(4) of the Rules of Civil Procedure.
While the proposed appeal raised arguable issues regarding the need for leave after an action is placed on a trial list and whether an additional medical examination should have been permitted, the court found the issues lacked general importance and largely reflected litigation strategy and delay by the defendant.
Leave to appeal was therefore refused.
