Can an application judge order a party to submit to a mental examination?
Newfoundland and Labrador, Canada
The following excerpt is from Lawlor v. Pennell, 2012 NLCA 32 (CanLII):
An applications judge by the exercise of discretion may order a party to submit to a mental examination. This judicial discretion may only be exercised if the applicant satisfies the threshold requirement of demonstrating that the opposite party’s mental condition has been placed “in issue”. This question must be decided before the criteria in Cromwell v. Hillier are engaged.
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