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Canada Case Law

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Civil procedure 2020 BCSC 355

Guerreiro v. Johnson

The court dismissed the defendants’ application for a second independent medical examination, finding the plaintiff’s injuries had already been disclosed and a further exam would only bolster the defence opinion.

  • Independent medical examination
  • Second ime
  • Expert evidence
  • Discovery
  • Icbc part 7 benefits
  • Independent-medical-examination
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Civil procedure 2014 BCSC 739

Chow v. Hughes

Application for a second independent medical examination was dismissed because the defence did not meet the higher threshold and provided no medical evidence.

  • Independent medical examination
  • Second ime
  • Discovery
  • Costs
  • Court discretion
  • Independent-medical-examination
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Civil procedure 2011 BCSC 1134

De Sousa v. Bradaric and Borthwick

The court dismissed the defence application for a second psychiatric IME, finding no exceptional circumstances or cogent medical reason to order another examination.

  • Second ime
  • Expert evidence admissibility
  • Proportionality
  • Psychotic disorder diagnosis
  • Disclosure of medical records
  • Committal under mental health act
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Civil procedure 2009 BCSC 1943

Hou v. Kirmani,

The court dismissed defendants’ application for a second independent medical examination under Rule 30, finding no new facts or sufficient justification for a subspecialist IME.

  • Independent medical examination
  • Expert evidence
  • Rule 30
  • Second ime
  • Damages
  • Independent-medical-examination
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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.