The defendant brought a motion seeking reimbursement for a $3,371.92 cancellation fee incurred due to the plaintiff's last-minute failure to attend a defence medical assessment.
The plaintiff cancelled 38 minutes prior to the appointment, citing illness, supported by a non-contemporaneous medical note.
The court found the examination was properly constituted under Rule 33 and the possibility of a cancellation fee was communicated.
However, the plaintiff's reason for cancellation lacked sufficient evidentiary support, and the original cancellation fee was deemed excessive for a half-day assessment.
The court granted the motion in part, reducing the payable cancellation fee to $1,507.42 and ordering the plaintiff to pay $1,500 in costs to the defendant.
