What is the test for defence medical examinations?
Ontario, Canada
The following excerpt is from Bakalenikov v. Semkiw, 2010 ONSC 4928 (CanLII):
Mr. Justice Valin, in Chapell v. Marshall Estate, [2001] CarswellOnt 2731 stated: "The purpose of defence medical examinations is to put the parties on equal footing by allowing the defendant to meet the case advanced by the plaintiff and to respond to the allegations made by the plaintiff in the statement of claim.”
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