Plaintiff Entitled to Reasonable Accomodation When Scheduling Defence Medical...
While the BC Supreme Court Rules give defendants in personal injury lawsuits the power to, in appropriate circumstances, force a plaintiff to attend an ‘independent’ medical exam, a plaintiff is...
View ArticleMaking the Doctor Come To You! Defence Medical Exams and Court Ordered...
The BC Supreme Court has the discretion to impose appropriate terms and conditions when forcing a Plaintiff to undergo a Defence Medical Exam in the course of an injury lawsuit. Unreported reasons...
View ArticlePlaintiff's "Apprehension of Bias" Turfs Defendant's Chosen Psychiatric Examiner
An Excerpt From Proceedings from the BC Supreme Court, Nanaimo Registry, was recently shared with me addressing the choice of a Defence Psychiatric Exam where a Plaintiff raised an apprehension of...
View Article"Belt and Suspenders" Exam Denied in Face of Previous Opinion on Plaintiff's...
As previously discussed, while the BC Supreme Court Rules permit multi-disciplinary defence medical exams in appropriate circumstances. Once a Defendant obtains an opinion from a properly qualified...
View ArticleIt Is Not Appropriate to Order a Medical Exam By An Expert Who previously...
In my continued efforts to track judicial comments addressing expert witness advocacy, reasons for judgement were released last week by the BC Supreme Court, Cranbrook Registry, dismissing an...
View ArticleRaising the Bar for "Resposive" Independent Medical Exams
While the BC Supreme Court can order a Plaintiff to undergo an independent medical exam to allow the opposing party to obtain a ‘responsive’ report, a clear evidentiary foundation must exist in order...
View ArticleLate Defence Medical Exam May Be Ordered in Exceptional Circumstances
Reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry, addressing court orders for late defence medical exams. In this week’s case (Jackson v. Yusishen) the Defendant...
View ArticleAn IME "Should Not Be Ordered Simply To Allow The Defendants To Ask the Same...
Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, dismissing an application for an independent medical exam noting the Defendant’s could have obtained the...
View ArticleLack of Doctor's Affidavit Thwarts Independent Medical Exam Application
While the BC Supreme Court does have the ability to compel a Plaintiff to attend a defence medical exam a proper evidentiary foundation must be established before the Court will be prepared to...
View ArticleSpeculation No Reason for Second Defence Medical Exam
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, confirming that a second Court ordered defense medical exam is inappropriate solely in anticipation of an...
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