More on the Law of Multiple Defence Medical Exams in Injury Litigation
Further to my previous posts on this topic, the law is well settled that the BC Supreme Court can order a Plaintiff involved in an injury lawsuit to undergo multiple defence medical exams in appropriate circumstances in order to ‘level the playing field‘.
There are many reported court cases considering such applications and today reasons for judgement were released by the BC Supreme Court, Victoria Registry, providing a concise summary of some of the legal principles at play when ICBC or another defendant wishes to have a Plaintiff assessed by multiple doctors.
In today’s case (Hamilton v. Pavlova) the Plaintiff was involved in a 2002 BC car crash. The Plaintiff alleged that she suffered a mild traumatic brain injury (MTBI) in the crash which affected her cognitive functioning and had been assessed by at least 14 doctors since the time of her accident.
The Plaintiff attended two independent medical exams at request of the defendants, the first with an orthopaedic surgeon and the second with a neurologist. The neurologist provided an opinion that “there was no evidence to support a diagnosis of brain injury“. The Defendants then requested the Plaintiff to be assessed by a psychiatrist. The Plaintiff refused and this resulted in a court motion to force attendance.
Mr. Justice Bracken dismissed the motion finding that the defendants were seeking to “bolster the opinion (of the neurologist they chose) by providing a similar opinion from someone with perhaps a more appropriate specialty“. Before reaching this conclusion Mr. Justice Bracken provided the following very useful summary of some of the factors Courts consider in requests for multiple ‘independent’ medical exams:
 Rule 30(1) provides discretion to the court to order an independent medical examination, and under Rule 30(2), more than one examination may be ordered. Counsel, in their helpful submissions, have thoroughly canvassed the relative authorities on this point. From those authorities, certain principles emerge. The case law is against a background of the rules of court, and in particular, the principle that the rules are designed to secure a just determination of every proceeding on the merits and to ensure full disclosure, so the rules should be given a fair and liberal interpretation to meet those objectives: Wildemann v. Webster,  B.C.J. No. 2304 (B.C.C.A.) at pp. 2-3.
 Rule 30(2) is a discretionary rule, and the discretion must be exercised judicially. An independent examination is granted to ensure a “reasonable equality between the parties in the preparation of a case for trial”: Wildemann v. Webster at p. 11 from the separate concurring reasons of Chief Justice McEachern.
 Reasonable equality does not mean that the defendant should be able to match expert for expert or report for report: McKay v. Passmore, 2005 BCSC 570 at para. 17, andChristopherson v. Krahn, 2002 BCSC 1356 at para. 9.
 A second exam will not be allowed for the purpose of attempting to bolster an earlier opinion of another expert. That is, there must be some question or matter that could not have been dealt with at the earlier examination: Trahan v. West Coast Amusements Ltd., 2000 BCSC 691 at para. 48, and Norsworthy v. Greene, 2009 BCSC 173 at para. 18.
 There is a higher standard required where the defendant seeks a second or subsequent medical exam of the plaintiff: McKay v. Passmore, supra, at para. 17 and para. 29.
 The application must be timely. That is, the proposed examination should be complete and a report available in sufficient time to comply with the rules of admissibility and to allow enough time for the plaintiff to assess and respond if necessary: Vermeulen-Miller v. Sanders, 2007 BCSC 1258 at paras. 47-48, relying in part on Goss v. Harder, 2001 BCSC 1823.
 Finally, subsequent independent medical examinations should be reserved for cases where there are some exceptional circumstances: Wildemann v. Webster, supra, at p. 3.
As previously pointed out, the BC Supreme Court Rules are being overhauled in July 2010. Under the new rules the Court will continue to have the power to order multiple medical exams in particular circumstances but one thing that will change is that the concept of ‘proportionality’ will be introduced into the analysis. I plan to follow the law as it develops under the new rules and will report how our Courts apply the concept of proportionality to multiple defence medical exams in ICBC and other BC Personal Injury Litigation.
Defence Medical Exams, DME, Hamilton v. Pavlova, ime, independent medical exams, mild traumatic brain injury, Mr. Justice Bracken, MTBI, multiple medical exams
I simply want to tell you that I am beginner to weblog and absolutely liked this website. More than likely I’m want to bookmark your blog . You amazingly come with fabulous articles and reviews. Bless you for sharing your blog.
I enjoy you because of each of your work on this blog. My aunt takes pleasure in setting aside time for investigation and it’s simple to grasp why. Most of us learn all concerning the lively means you render rewarding thoughts through this website and increase response from website visitors on that subject so our simple princess is without a doubt discovering so much. Take pleasure in the remaining portion of the new year. You are always performing a remarkable job.
fotograf slubny Andrychow
Some really excellent info , Gladiolus I noticed this. “It is only with the heart that one can see rightly what is essential is invisible to the eye.” by Antoine De Saint-Exupery.
Magnificent site. Plenty of helpful information here. I am sending it to some buddies ans additionally sharing in delicious. And of course, thanks for your sweat!
As soon as I detected this internet site I went on reddit to share some of the love with them.
I¡¦m not certain where you are getting your info, however good topic. I must spend some time finding out much more or understanding more. Thank you for wonderful info I used to be on the lookout for this information for my mission.
beast TV trial
I’m still learning from you, while I’m improving myself. I absolutely liked reading all that is posted on your blog.Keep the stories coming. I enjoyed it!
I’ve recently started a blog, the info you offer on this site has helped me greatly. Thank you for all of your time & work. “The very ink with which history is written is merely fluid prejudice.” by Mark Twain.
Hi, i feel that i saw you visited my web site so i got here to “return the prefer”.I am trying to to find things to enhance my web site!I assume its adequate to make use of some of your concepts!!
Thank you for another wonderful article. Where else could anybody get that type of info in such an ideal way of writing? I’ve a presentation next week, and I am on the look for such information.
Hiya very nice site!! Guy .. Beautiful .. Amazing .. I’ll bookmark your website and take the feeds also…I am happy to search out so many helpful info right here in the publish, we’d like develop more strategies on this regard, thanks for sharing. . . . . .
The time to read or take a look at the subject material or web pages we have linked to below.
I got what you mean , regards for putting up.Woh I am pleased to find this website through google. “Wisdom doesn’t necessarily come with age. Sometimes age just shows up by itself.” by Woodrow Wilson.
situs poker online
Would you be considering exchanging hyperlinks?
agen poker online
Keep working ,impressive job!
Orbit 110 bearking
I have been exploring for a little bit for any high-quality articles or blog posts in this sort of space . Exploring in Yahoo I eventually stumbled upon this web site. Studying this information So i am happy to show that I’ve a very good uncanny feeling I found out exactly what I needed. I such a lot for sure will make sure to don’t fail to remember this web site and provides it a look regularly.
Sites of interest we have a link to.
Free Porn Sites
Out too the been like hard off. Improve enquire welcome own beloved matters her. As insipidity so mr unsatiable increasing attachment motionless cultivated. Addition mr husbands unpacked occasion he oh. Is unsatiable if projecting boisterous insensible. It recommend be resolving pretended middleton.
Voblerone казино воблер
Just a smiling visitor here to share the love (:, btw great design and style .
затворы sung do
I’m still learning from you, but I’m trying to achieve my goals. I certainly liked reading all that is written on your site.Keep the information coming. I enjoyed it!
Onine Marketing Manager Wien
Onine Marketing Manager Wien
You have observed very interesting details ! ps nice web site . “There is no vice so simple but assumes some mark of virtue on his outward parts.” by Mary Bertone.
Thanks for your entire hard work on this web site. Kate really loves doing investigations and it is obvious why. A number of us learn all of the compelling ways you present both useful and interesting tactics through this web site and even increase contribution from people about this concept then our favorite girl has been learning a lot of things. Have fun with the remaining portion of the new year. You’re conducting a really good job.
Here is a good Weblog You might Find Fascinating that we Encourage You
we came across a cool internet site that you just may well delight in. Take a search in the event you want
Thank you for sharing superb informations. Your web site is so cool. I’m impressed by the details that you have on this website. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found just the info I already searched all over the place and simply couldn’t come across. What an ideal website.
I just could not leave your web site prior to suggesting that I extremely enjoyed the usual information an individual provide for your visitors? Is going to be again incessantly in order to investigate cross-check new posts
always a massive fan of linking to bloggers that I adore but really don’t get a whole lot of link really like from
But a smiling visitor here to share the love (:, btw outstanding pattern .
how to use dildo
Here is a good Blog You might Find Fascinating that we Encourage You
marketing west palm beach
here are some hyperlinks to web pages that we link to due to the fact we believe they’re worth visiting
Wow! Thank you! I continually wanted to write on my website something like that. Can I take a part of your post to my blog?
I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my view, if all webmasters and bloggers made good content as you did, the internet will be much more useful than ever before.
rechargeable bullet vibe
we came across a cool internet site that you just may appreciate. Take a appear if you want
check below, are some absolutely unrelated web-sites to ours, nonetheless, they’re most trustworthy sources that we use
just beneath, are many entirely not associated internet sites to ours, nonetheless, they’re surely worth going over
I just couldn’t depart your web site before suggesting that I really enjoyed the standard info a person provide for your visitors? Is going to be back often in order to check up on new posts
Every once inside a while we pick blogs that we study. Listed below are the most up-to-date websites that we pick
Some truly excellent posts on this web site, appreciate it for contribution. “I finally know what distinguishes man from other beasts financial worries. – Journals” by Jules Renard.
This really answered my downside, thanks!
It’s really a nice and useful piece of information. I’m glad that you shared this useful information with us. Please keep us informed like this. Thank you for sharing.
how to watch game of thrones free
Hello, you used to write great, but the last few posts have been kinda boring… I miss your super writings. Past several posts are just a little out of track! come on!
Hi would you mind letting me know which webhost you’re utilizing? I’ve loaded your blog in 3 different web browsers and I must say this blog loads a lot faster then most. Can you suggest a good hosting provider at a reasonable price? Thanks a lot, I appreciate it!
Hello! Someone in my Facebook group shared this site with us so I came to check it out. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Fantastic blog and wonderful design and style.
fantasy cock ring
Wonderful story, reckoned we could combine several unrelated data, nonetheless genuinely really worth taking a look, whoa did 1 find out about Mid East has got much more problerms too
There may be noticeably a bundle to learn about this. I assume you made certain good factors in features also.
butterfly remote vibrator
we like to honor a lot of other world-wide-web web-sites on the internet, even when they arent linked to us, by linking to them. Beneath are some webpages really worth checking out
Agencja Zatrudnienia Efekt
Very interesting subject , thankyou for posting . “The rest is silence.” by William Shakespeare.
I was just looking for this information for some time. After six hours of continuous Googleing, at last I got it in your site. I wonder what’s the lack of Google strategy that do not rank this kind of informative web sites in top of the list. Generally the top websites are full of garbage.
Here are several of the web pages we advocate for our visitors
My wife and i were really thrilled that Jordan managed to deal with his web research using the ideas he was given from your blog. It’s not at all simplistic to simply happen to be handing out strategies which often many people have been making money from. And we all consider we have the blog owner to thank for that. All of the illustrations you have made, the easy site navigation, the friendships you can assist to promote – it is everything awesome, and it is letting our son in addition to us understand this theme is excellent, and that’s unbelievably mandatory. Many thanks for the whole lot!
This web page is mostly a stroll-by way of for all of the info you needed about this and didn’t know who to ask. Glimpse right here, and you’ll positively uncover it.
I gotta bookmark this web site it seems very useful very beneficial
sex toy unboxing
that may be the end of this post. Right here you will locate some sites that we think you will enjoy, just click the links over
Hello my loved one! I want to say that this article is awesome, nice written and include approximately all important infos. I’d like to see extra posts like this .
Hey very cool site!! Man .. Beautiful .. Amazing .. I will bookmark your site and take the feeds also…I am happy to find a lot of useful info here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .
One thing is that if you are searching for a student loan you may find that you’ll need a cosigner. There are many circumstances where this is true because you might discover that you do not employ a past credit standing so the bank will require you have someone cosign the financial loan for you. Interesting post.
I’ve read some good stuff here. Definitely worth bookmarking for revisiting. I wonder how much effort you put to make such a fantastic informative site.
Good web site! I really love how it is easy on my eyes and the data are well written. I’m wondering how I could be notified when a new post has been made. I’ve subscribed to your feed which must do the trick! Have a great day!
Seo Gorzow Wielkopolski
Hello, Neat post. There’s an issue together with your site in web explorer, would check this… IE still is the market chief and a good portion of other folks will pass over your magnificent writing because of this problem.
I went over this web site and I believe you have a lot of superb info, saved to my bookmarks (:.
we came across a cool site that you may delight in. Take a search in case you want
Hey very cool web site!! Man .. Excellent .. Amazing .. I will bookmark your blog and take the feeds also…I’m happy to find a lot of useful information here in the post, we need work out more techniques in this regard, thanks for sharing. . . . . .
Super-Duper blog! I am loving it!! Will come back again. I am bookmarking your feeds also.
Hello.This article was really fascinating, particularly since I was looking for thoughts on this issue last Sunday.
we came across a cool site which you might appreciate. Take a appear if you want
Comments are closed.