What is the test for ordering a defense physiatry and orthopaedic assessment?
Ontario, Canada
The following excerpt is from Mitsis v. Holy Trinity Greek Orthodox Community of London, 2021 ONSC 5719 (CanLII):
The Defendant further relies upon Mork v. Sanghera, 2016 ONSC 5108, a decision of Lemon J. In that case, Lemon J. declined to order both a defense physiatry and orthopaedic assessment after citing Bonello as setting out the appropriate test. He was not persuaded, on the evidence before him, that the proposed orthopaedic surgeon was qualified to opine on chronic pain. He was clearly entitled to draw that conclusion. I, respectfully, fail to see how this case assists the Defendant on this motion.
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