The statutory third party, Wawanesa, brought a motion to compel the plaintiff to attend a defence physiatry examination.
The plaintiff opposed, arguing that leave was required under Rule 48.04 and that the motion should be denied due to various defaults by the insured and Wawanesa.
The court found that leave was not required and that Wawanesa should not be prejudiced by its insured's defaults.
However, the motion for an immediate examination was dismissed due to Wawanesa's significant delay in requesting it, which would prejudice the plaintiff given the imminent trial date and the inability to obtain a timely expert response.
The court ordered Wawanesa to produce the insurance policy and fixed costs against Wawanesa, while also stating that the plaintiff would be required to attend the examination if the trial were adjourned.
