The appellants appealed a motion judge's order requiring the plaintiff to undergo three defence medical assessments by a psychiatrist, a neurologist, and a neuropsychologist.
The appellants did not object to the neuropsychologist but challenged the other two.
The Divisional Court dismissed the appeal regarding the neurologist, finding the motion judge reasonably relied on the neuropsychologist's evidence that a neurological exam was necessary to determine organic brain injury.
However, the court allowed the appeal regarding the psychiatrist, as there was no evidence explaining why a psychiatric assessment was warranted in addition to the other examinations.
