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The court dismissed defendants’ applications for an adjournment, further discovery, and an updated IME, finding no basis beyond passage of time and ordering costs to the plaintiff.
The court dismissed a defendant’s application for a fourth medical examination, finding no evidence that a proposed functional capacity and cost of future care assessment was necessary.
Late defence applications for two initiating IMEs were refused because they came after the 84-day deadline and reflected an impermissible wait-and-see approach.
The court denied a defence application to compel a vocational assessment and functional capacity evaluation, finding they were unnecessary and likely prejudicial.
The court dismissed the defendant’s application to compel a Functional Capacity Evaluation, finding it would duplicate an earlier orthopedic examination.
The court granted a defence application for an independent medical examination by a rheumatologist, finding it necessary to address a fibromyalgia diagnosis and not unfairly late.
The court dismissed the defendant’s application for psychiatric and neurological independent medical examinations, finding necessity was not shown and costs were awarded in the cause.
The court allowed a further orthopaedic IME after 2018 back surgeries and the passage of time, and varied the costs order.
The court dismissed the defendant’s application for a neurological IME under Rule 7-6(1), finding it was not necessary to ensure trial equality.
The court dismissed a defendant’s late application for an independent medical examination and extension of time, finding no reasonable explanation for delay and unfair prejudice.
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