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Personal injury 2023 BCSC 1290

Zhao v. Yip

The court dismissed the defendants’ request for a three-day functional capacity evaluation, finding it added no distinct expert value beyond earlier IMEs.

  • Functional capacity evaluation
  • Independent medical examination
  • Expert evidence
  • Discovery
  • Costs
  • Functional-capacity-evaluation
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Personal injury 2023 BCSC 858

Purganan v. Joliet

The court granted a defence application requiring the plaintiff to complete IME questionnaires, including the MoCA, during a medical examination.

  • Independent medical examination
  • Medical questionnaires
  • Expert evidence
  • Disclosure
  • Costs
  • Independent-medical-examination
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Personal injury 2022 BCSC 2033

Salimy v. Brian Jessel BMW Pre-Owned

The court dismissed a defence application to compel an occupational therapy assessment, finding insufficient evidence that the proposed functional capacity evaluation was necessary.

  • Independent medical examination
  • Cost of future care
  • Functional capacity evaluation
  • Disclosure of expert evidence
  • Liberty to re-apply
  • Independent-medical-examination
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Civil procedure 2022 BCSC 1760

Draoui v. McLintock

The court dismissed a defendant’s application for a second IME by a psychiatrist, finding it was not necessary or proportionate and would address only a limited historical period.

  • Independent medical examination
  • Psychiatric assessment
  • Proportionality
  • Pleadings
  • Rule 7-6
  • Independent-medical-examination
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Administrative law 2020 FC 850

Poirier v. Canada (Attorney General)

The Federal Court allowed René Poirier’s judicial review, finding the grievance decision unreasonable because it ignored material medical evidence and the O3 factor.

  • Judicial review
  • Reasonableness standard
  • Medical classification
  • Occupational transfer
  • Grievance process
  • Remittal
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Civil procedure 2020 BCSC 1196

Gennings v. Lum

The court dismissed a defence application for a further occupational-therapist functional capacity evaluation, finding existing expert evidence was sufficient.

  • Independent medical examination
  • Functional capacity evaluation
  • Expert evidence
  • Proportionality
  • Timeliness
  • Independent-medical-examination
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Personal injury 2020 BCSC 923

Calver v. 1020781 B.C. Ltd. (Harbour Event Centre)

The court granted the defendants' Rule 7-6 application, ordering the plaintiff to attend a functional capacity evaluation and awarding the defendants costs.

  • Independent medical examination
  • Functional capacity evaluation
  • Rule 7-6
  • Expert reports
  • Costs
  • Functional-capacity-evaluation
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Personal injury 2019 BCSC 1697

Gray-Verboonen v. Mandurah

The defendants’ application for a functional capacity evaluation was denied because necessity was not established, given recent expert assessments already obtained.

  • Functional capacity evaluation
  • Independent medical examination
  • Expert evidence
  • Disclosure
  • Causation
  • Proportionality
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Civil procedure 2019 BCSC 520

McNeill v. Saunders

The court ordered the plaintiff to attend a psychiatric IME, but limited the exam to pleaded psychiatric issues and required disclosure of the examiner’s notes.

  • Independent medical examination
  • Psychiatric ime
  • Rules of court (rule 7-6, rule 11-2, rule 11-5)
  • Proportionality
  • Admissibility of expert evidence
  • Independent-medical-examination
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Civil procedure 2017 BCSC 1825

Van Veelen v. Central Saanich (District)

The court granted a renewed application for a neuropsychological assessment and allowed completion of a functional capacity evaluation, but adjourned cancellation fees to trial.

  • Independent medical examination
  • Neuropsychological assessment
  • Functional capacity evaluation
  • Sccr 7-6(2) applications
  • Costs
  • Case management
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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.