Defense Expert Appointment Dismissed for "Waiting at their Peril"
Unpublished reasons for judgement were recently released by the BC Supreme Court, Victoria Registry, dismissing a defence application for an independent medical assessment for being brought too late in the process.
In the recent case (Bains v. Antle) the Plaintiff was injured in a collision and sued for damages. The Defendant requested the Plaintiff to attend a 2 day Functional Capacity Assessment less than 84 days before trial. The Plaintiff refused and a court application to compel attendance was brought. Master Harper dismissed the application finding the Defendant was too late and waited at their peril. In dismissing the application the Court provided the following reasons: