What is the test for timely exercise of Rule 7-6?
British Columbia, Canada
The following excerpt is from Labrecque v. Tyler, 2011 BCSC 429 (CanLII):
As observed by the court in Benner v. Vancouver (City), a party “who takes no timely steps to exercise its rights under [Rule 7-6] does so at its peril”: para. 39.
An additional consideration for the court on this application is the matter of proportionality. Particularly in a Fast Track action, the court should be cautious about ordering “greater...access to IMEs”: Boudreau v. Logan at paras. 13 and 14.
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