When will a court order a party to attend a retesting of the same test as the original test?

Ontario, Canada


The following excerpt is from Scott v. Laurinavicius, 1992 CanLII 7216 (ON CJ):

[8] In the case before me, I note that the earlier tests were done by arrangement of the parties, rather than by court order pursuant to section 10, but I do not think this to be the determinative factor. What is significant is that, in Clarke v. Biggs, the re-attendance was requested in the interests of research by the laboratory. There was evidence that the retesting would not change their opinion that he was excluded as the father of the child but would be of international scientific interest. It seems to me that takes the case out of section 10, in which inferences can be drawn from the party’s refusal to attend.

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