When will a defence medical examination be ordered?

Ontario, Canada


The following excerpt is from Suchan v. Casella, 2006 CanLII 20844 (ON SC):

I must therefore conclude on the evidence before me that the defendants have not satisfied the onus upon them of demonstrating that any of the four proposed defence medical examinations are warranted or that it would be unfair to proceed to trial without these additional assessments. One or more of these examinations might be ordered if a proper evidentiary foundation were proffered; however, that determination would need to be made if and when appropriate evidence was provided to the court. I had entertained the thought of choosing one or more of the proposed experts to conduct a medical examination, but based on the sparse evidence before me it would have amounted to no more than guesswork as to which examination or examinations would be most appropriate. This would have been a disservice to both parties. As noted in Jones v. Spencer, defendants should not "consider it routine and appropriate to engage a host of experts in every allegedly 'catastrophic' personal injury case" and expect that the court will support such request without a specific evidentiary base as to the nature of each examination and the specific and different expertise of each expert.

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