What is the test for a defendant to have an application for a further medical examination?

On the facts of this case, the defendant has not met the test as set out in Wildemann v. Webster. The plaintiff has already, on a consensual basis, attended at two independent medical exams requested by the defendant. It is not disputed by counsel for the defendant that these exams have not produced the evidence which the defendant would like. That is not a basis for a further examination. In addition, there are no “exceptional circumstances” close to the factual basis of Wildemann v. Webster or any other case provided which would bring the present facts into the realm of the exceptional circumstances test. Having found no exceptional circumstances, and no need for the examination based on the need to put parties on an equal footing in terms of trial preparation, I conclude the defendant’s application must be dismissed.