What date was ordered for a functional capacity evaluation?
British Columbia, Canada
The following excerpt is from Amiel v. Ens, 2014 BCSC 2052 (CanLII):
The exact date that the functional capacity evaluation was ordered is not before me in evidence, but I am satisfied that it was ordered at some point after the December 23, 2013 letter was sent to plaintiff’s counsel and before the assessment which took place on January 14 and 15, 2014. The test is whether, at the time the report was ordered, was it either necessary or proper. Plaintiff’s counsel has referred me to my decision in Hayhurst v. Rees, 2014 BCSC 1714. In paras. 13-14 of that decision, I reviewed the requirements for establishing a claim for a loss of earning capacity. Plaintiff’s counsel has provided me with the case I referred to in para. 13, Toopitsin v. McMullen, 2014 BCSC 1486, a decision of Mr. Justice Rogers. In para. 38 of that decision he writes:
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