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Canada Case Law

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Civil procedure 2025 BCSC 356

Miolla v. Schouten

The court granted a defence application for an occupational therapy functional capacity evaluation, finding it would answer questions not covered by the prior IME.

  • Independent medical examination
  • Functional capacity evaluation
  • Necessity test for ime
  • Proportionality
  • Costs
  • Independent-medical-examination
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Civil procedure 2006 BCSC 287

Clower v. Poeckert et al

The court ordered a rheumatological independent medical examination because the plaintiff’s late report raised issues not covered by the earlier orthopaedic exam.

  • Rule 30(1) examination
  • Independent medical examination
  • Expert reports
  • Pre-existing condition (fibromyalgia)
  • Myofascial pain syndrome
  • Thoracic outlet syndrome
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Torts 2003 BCSC 1149

Schweighardt v. Palamara

The court assessed damages after an admitted-liability motor vehicle accident, finding mild to moderate soft tissue injury, psychological harm, and partial failure to mitigate.

  • Causation
  • Mitigation
  • Quantum of damages
  • Non-pecuniary damages
  • Lost earnings
  • Psychiatric injury
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.