What is the test for ordering a second medical examination?

British Columbia, Canada


The following excerpt is from De Sousa v. Bradaric, 2011 BCSC 1400 (CanLII):

I turn then to the circumstances under which a second medical examination may be ordered. There is an oft-cited list of factors that was set out in Trahan v. West Coast Amusements Ltd., 2000 BCSC 691 at paras. 48 and 50. These considerations were paraphrased in Reischer v. Love, 2005 BCSC 580 at para. 14: • The discretion must be exercised judicially on the basis of the evidence produced; • A second examination may be appropriate where there is some question which could not have been dealt with on the first examination; • A second examination is not allowed just because the magnitude of the loss is greater than what was previously known; • Passage of time alone is not a sufficient reason to order a second examination; • Where diagnosis of an infirmity is difficult and existing assessments are aged, a court may order a second examination; • Differences of opinions between medical professionals is not sufficient reason to order a second examination where the first examiner could have discovered the issue on the first examination.

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