In what circumstances will a court order that a plaintiff obtain a different type of medical report?

Ontario, Canada


The following excerpt is from Ziebenhaus v. Bahlieda, 2014 ONSC 138 (CanLII):

In each of the decisions relied upon by the respondents, the reports ordered by the court were necessary to meet the case asserted by the plaintiffs and were directly responsive to that case. The manner in which the plaintiff’s case was demonstrated for such purpose varied. However, in each case, the court grounded its decision in the need for the particular examination to meet the plaintiff’s case, rather than in the mere fact that the plaintiff had conducted a similar examination. Indeed, in Liston and in Abu-Marie v. Baskey, the plaintiff had not, or had not yet, obtained similar reports, but the court was satisfied that the particular reports were necessary to meet the plaintiff’s case.

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