Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Application dismissed: the defendants were not entitled to a second IME. The court held Dr. Chapman’s use of “query” did not show an inability to opine.
The court granted a defence application for an occupational therapy functional capacity evaluation, finding it would answer questions not covered by the prior IME.
The court ordered an addiction-specialist IME and limited biological testing, finding the evidence raised a live issue about opioid use affecting prognosis, treatment, and damages.
The court ordered the plaintiff to attend a defence psychiatric examination, holding that neurology and psychiatry addressed distinct issues and overlap concerns did not justify delay.
The court allowed the defendant’s application for two independent medical examinations, holding that separate neurological and physiatric assessments were appropriate despite possible overlap.
The court dismissed a defence application to compel a functional capacity evaluation, finding no evidence the plaintiff’s work capacity was truly in issue under Rule 7-6.
The court denied the defendants’ last-minute application for a plaintiff IME, finding no evidence of prejudice or lack of alternatives, and awarded special costs.
The court ordered medical examinations but barred surveillance of the plaintiff travelling to, attending, and returning from them to protect court integrity.
The court granted the defence application for a neuropsychological IME, finding it sufficiently distinct from psychiatric assessment and helpful to the court.
The court dismissed a defence application to compel the plaintiff to attend a neurological IME, finding the defence had not met the higher onus for a second examination.
Explore more
