Does a defendant have a right to select the physician to perform the examination to which it is entitled?
Ontario, Canada
The following excerpt is from Godin v. Goncalves, 2014 ONSC 7297 (CanLII):
The defendants submit that a defendant has the prima facie right to select the physician to perform the examination to which it is entitled: see Smith v. Liberty Life Assurance Company of Boston (2003), 37 C.P.C. (5th) 357, 2003 CanLII 11628 (ONSC), at para. 14.
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