What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial?

In Benner v. Vancouver (City), Mr. Justice N. Smith refused an application for a medical examination that came three weeks before trial. The application was three weeks before trial and the examination itself would have been less than two weeks before trial. In paragraph 19 of his judgment, Smith J. confirmed that the purpose of Rule 30 was “to place the parties on an equal footing in their ability to obtain medical evidence in a case where injuries are alleged.” He also referred to Rule 40A which requires service of expert opinions 60 days before trial, where a report delivered less than 60 days before trial is inadmissible unless the court were to order otherwise. In that case, the court found that the plaintiff’s physical condition was clearly put in issue by the pleadings. The defendants had full advantage and protection of routine production of medical records. I find that decision is applicable to this appeal.