What is the argument that a plaintiff is not entitled to record a medical examination?
British Columbia, Canada
The following excerpt is from Wang v. Coletta et al, 2006 BCSC 1395 (CanLII):
The defendant relies upon the line of cases which I will call the “compelling reasons” cases. It is well articulated by my brother Cullen in the often cited and often followed case of Nabess v. Willarton et al (24 June 2005), New Westminster (913397) (B.C.S.C.), which essentially stands for this proposition, or it articulates this proposition: the plaintiff is not entitled as a matter of right to record such medical examinations, but the court has a discretion to permit that and to order it where there are compelling reasons to do so.
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