The defendant, The Personal Insurance Company, brought a motion to compel the plaintiff to attend a defence psychiatric examination.
The plaintiff opposed, citing concerns about the trial date being compromised under Rule 53.03.
The court found that a psychiatric assessment was necessary due to a recent material change in the plaintiff's circumstances (inability to work).
While acknowledging the plaintiff's diligent conduct, the court ordered the plaintiff to attend the examination and the defendant to serve the report by a specific date.
The defendant was ordered to pay the plaintiff $3,500 in costs, despite being successful on the motion, due to the defendant's delay in seeking the examination.
