The defendant insurer brought a motion relating to a defence medical examination conducted under s. 105 of the Courts of Justice Act.
After the examination, the examining physician disclosed that her fellowship in physical medicine and rehabilitation had been withdrawn before she issued a report.
The court held that because the examination had been conducted by a licensed physician, the examiner was required under rule 33.06 of the Rules of Civil Procedure to prepare and deliver a written report, which the defendant was then required to serve on the plaintiff.
The defendant’s request was treated as a request for a further medical examination under s. 105(4), which was permitted only after service of the first report.
The court also directed that the subsequent physiatry examination be conducted in Windsor for the plaintiff’s convenience.
