ICBC Claims and Recording 'Independent' Medical Exams

Written by admin on . Posted in Civil Procedure, independent medical exams.

Reasons for judgement were released today dealing with several motions before the BC Supreme Court in a motor vehicle accident claim.
The Plaintiff was self represented in this Supreme Court action.  (This case is worth reviewing on this point alone as the judgment illustrates some of the challenges courts sometimes face when dealing with unrepresented parties in Supreme Court actions).
One of the motions before the court was to compel the Plaintiff to attend an independent medical examination with a doctor of ICBC’s choosing.  While the Plaintiff did not object to being examined, she wished for several conditions to be set including the right to record the examination.
In not granting this condition Master Young reviewed several authorities dealing with the issue of recording independent medical exams.  Master Young concluded that in this case there were no cogent reasons to permit audio recording.  She referred to the leading BC Court of Appeal case on this topic of  Wong v. Wong, 2006 BCCA 540 which discussed the the factors BC Courts should consider when hearing such applications, namely:

(a)        the absence of evidence that an audio tape recording would inhibit or impair the examination;

(b)        evidence that the plaintiff had a poor memory or was forgetful;

(c)        the absence of evidence that the examining doctor objected to the use of a tape recorder;

(d)        evidence that the plaintiff had difficulty communicating and understanding, perhaps related to lack of fluency in English or the language of the examining doctor;

(e)        the likelihood that a tape recording might lead to settlement short of trial; and

(f)         the likelihood that an audio tape recording would contribute to the fairness of the trial.

In the same case the Court of Appeal noted the following about recording independent medical exams:

While I am of the view that a master or judge has a discretion under Rule 30 to permit the use by a plaintiff of an audio tape recorder on an independent medical examination, it is in my opinion a discretion that should be exercised rarely and with restraint, and only in circumstances where there is cogent evidence that the use of an audio tape recording will advance the interests of justice.

holland v. icbc, holland v. james, ICBC claims, icbc doctors, ime's, independent medical exams

Comments (54)

  • try here

    I simply want to say I’m newbie to blogging and site-building and absolutely savored you’re web blog. Probably I’m going to bookmark your site . You amazingly come with very good articles. Kudos for sharing with us your blog.

  • W88 Thailand

    I am curious to find out what blog platform you’re utilizing? I’m having some small security problems with my latest website and I’d like to find something more safe. Do you have any recommendations?

  • 릴게임오션파라다이스

    What’s Going down i’m new to this, I stumbled upon this I have found It absolutely useful and it has helped me out loads. I’m hoping to give a contribution & help different customers like its aided me. Great job.

  • Money

    I’m usually to running a blog and i actually admire your content. The article has actually peaks my interest. I am going to bookmark your web site and maintain checking for brand spanking new information.

  • venta por catalogo

    you are truly a excellent webmaster. The web site loading speed is incredible. It kind of feels that you’re doing any unique trick. Moreover, The contents are masterwork. you have performed a magnificent task in this matter!

  • 먹튀폴리스 차이나타운

    I would like to thank you for the efforts you’ve put in writing this web site. I’m hoping the same high-grade web site post from you in the upcoming as well. Actually your creative writing skills has encouraged me to get my own web site now. Really the blogging is spreading its wings quickly. Your write up is a great example of it.

  • Underground Elephant Jason Kulpa

    My wife and i have been absolutely excited that Raymond managed to deal with his researching through the ideas he had from your blog. It is now and again perplexing just to find yourself giving freely ideas men and women have been trying to sell. We discover we have got the blog owner to be grateful to for that. The entire illustrations you’ve made, the simple blog navigation, the relationships your site help foster – it’s got everything remarkable, and it’s aiding our son in addition to us recognize that that subject matter is amusing, which is truly mandatory. Thank you for the whole lot!

  • agen poker online

    Do you have a spam issue on this site; I also am a blogger, and I was curious about your situation; we have developed some nice practices and we are looking to exchange methods with other folks, please shoot me an email if interested.

  • poker online

    It’s actually a cool and useful piece of info. I’m glad that you simply shared this helpful information with us. Please stay us informed like this. Thanks for sharing.

  • poker online

    Hi there, i read your blog occasionally and i own a similar one and i was just curious if you get a lot of spam responses? If so how do you protect against it, any plugin or anything you can recommend? I get so much lately it’s driving me mad so any support is very much appreciated.

  • agen poker online

    whoah this weblog is magnificent i really like reading your articles. Stay up the good paintings! You understand, a lot of individuals are searching round for this information, you can aid them greatly.

  • online poker

    After study a couple of of the weblog posts on your website now, and I truly like your way of blogging. I bookmarked it to my bookmark website listing and might be checking back soon. Pls take a look at my website as nicely and let me know what you think.

  • blancolån

    you are truly a just right webmaster. The site loading speed is incredible. It seems that you’re doing any unique trick. In addition, The contents are masterwork. you’ve done a excellent task in this matter!

  • 야마토게임

    A lot of thanks for each of your effort on this web site. Kate enjoys getting into investigation and it’s simple to grasp why. My partner and i know all relating to the lively way you convey simple thoughts through your website and as well as recommend response from visitors on that idea plus our own daughter is always becoming educated a lot. Take pleasure in the rest of the year. You are always carrying out a superb job.

  • затворы sung do

    One thing is that if you find yourself searching for a education loan you may find that you’ll want a co-signer. There are many circumstances where this is correct because you could find that you do not employ a past credit score so the mortgage lender will require that you have someone cosign the money for you. Good post.

  • 토토 사이트

    After study a number of of the weblog posts in your web site now, and I really like your method of blogging. I bookmarked it to my bookmark website checklist and will be checking back soon. Pls take a look at my web site as well and let me know what you think.

  • 우리 카지노

    You could certainly see your skills in the paintings you write. The sector hopes for even more passionate writers like you who aren’t afraid to mention how they believe. Always follow your heart. “We may pass violets looking for roses. We may pass contentment looking for victory.” by Bern Williams.

  • แต่งงาน

    Hi! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa? My site addresses a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you happen to be interested feel free to send me an e-mail. I look forward to hearing from you! Great blog by the way!

  • lifeguard courses

    Good – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related information ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your client to communicate. Nice task..

  • เช่าเก้าอี้

    Magnificent beat ! I would like to apprentice while you amend your website, how can i subscribe for a blog site? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea

  • 먹튀 폴리스

    I and my pals happened to be studying the excellent strategies found on your website and unexpectedly I had an awful suspicion I never thanked the site owner for those secrets. My guys appeared to be so thrilled to read them and already have in reality been making the most of those things. Thank you for really being so helpful as well as for utilizing variety of remarkable subject matter most people are really desirous to be aware of. My personal honest apologies for not expressing gratitude to sooner.

  • 먹튀 폴리스

    I do consider all the ideas you have presented to your post. They’re really convincing and can certainly work. Still, the posts are too short for beginners. Could you please extend them a little from subsequent time? Thanks for the post.

  • Praca Niemcy Opieka W Polskiej Rodzinie

    Thank you for sharing excellent informations. Your website is so cool. I am impressed by the details that you have on this web site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found just the information I already searched all over the place and just couldn’t come across. What an ideal web-site.

  • 메이저사이트추천

    I’ve been surfing online more than 3 hours lately, yet I by no means found any attention-grabbing article like yours. It is pretty price sufficient for me. In my view, if all web owners and bloggers made good content as you did, the web will likely be much more helpful than ever before.

  • 메이저토토

    But wanna input on few general things, The website layout is perfect, the subject matter is really great. “To the artist there is never anything ugly in nature.” by Franois Auguste Ren Rodin.

  • 파워볼사이트

    I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get got an shakiness over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly a lot often inside case you shield this increase.

  • Google

    Every after inside a even though we opt for blogs that we study. Listed beneath would be the most current web-sites that we decide on.

  • 먹튀폴리스 보상

    I have learned some important things as a result of your post. I might also like to convey that there is a situation that you will make application for a loan and never need a co-signer such as a Fed Student Aid Loan. However, if you are getting financing through a regular creditor then you need to be able to have a cosigner ready to assist you. The lenders will probably base any decision on the few issues but the most significant will be your credit score. There are some loan companies that will furthermore look at your job history and determine based on that but in most cases it will depend on your scores.

  • Tworzenie Strony Gorzow

    I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my web site :).

  • 먹튀폴리스 검증

    I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I have incorporated you guys to my blogroll. I think it will improve the value of my site :).

  • Google

    Check beneath, are some completely unrelated internet sites to ours, however, they are most trustworthy sources that we use.

  • nonton movie

    Howdy would you mind sharing which blog platform you’re using? I’m planning to start my own blog soon but I’m having a tough time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique. P.S Sorry for being off-topic but I had to ask!

  • obat kuat alami

    You actually make it seem so easy with your presentation however I find this matter to be really one thing which I believe I would never understand. It seems too complicated and extremely vast for me. I am looking ahead on your subsequent submit, I will try to get the hold of it!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer