Plaintiff Entitled to Reasonable Accomodation When Scheduling Defence Medical Exams

Written by admin on . Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized.

While the BC Supreme Court Rules give defendants in personal injury lawsuits the power to, in appropriate circumstances, force a plaintiff to attend an ‘independent’ medical exam, a plaintiff is entitled to reasonable accommodation with respect to the scheduling of these.  Reasons for judgement were recently released by the BC Supreme Court, New Westminster Registry, demonstrating this point.
In the recent case (Welder v. Johnston) the plaintiff sustained injuries in a motor vehicle collision.  In the course of the lawsuit the Defendant sought to have the plaintiff examined by a vocational specialist to address the wage loss aspects of the plaintiff’s claim. The plaintiff agreed to be assessed by the Defendant’s expert but the date selected conflicted with a family reunion the plaintiff planned on attending.  The defendant brought an application to force the date but this was dismissed with the court finding a plaintiff is entitled to reasonable accommodation.  In dismissing the application the Court provided the following comments to defence counsel:

I’m not prepared to order the plaintiff to attend on a date when a family celebration and family reunion has been scheduled since January. I don’t think that being a plaintiff in an action you give up all rights to manage your own schedule, and I think it’s unfortunate that there was an error in your office and the information about his unavailability didn’t come to your attention sooner, but the reality is that based on the affidavit from Mr. Welder, he has a commitment that he’s made since January to be out and unavailable during the period in which this has been scheduled, and I am not prepared to make an order for him to attend in the middle of that period of the family reunion.
The reasons for judgement are not publicly available but, as always, I’m happy to provide a copy to anyone who contacts me and requests one.

bc injury law, independent medical exams, Master McNaughton, Rule 7, Rule 7-6, Rule 7-6(1), Welder v. Johnston

Comments (54)

  • click for more

    I just want to mention I am just very new to blogging and truly loved you’re website. Very likely I’m want to bookmark your blog post . You certainly have superb well written articles. With thanks for sharing your webpage.

  • 릴게임사이트

    I would like to convey my admiration for your generosity giving support to people that require assistance with this important topic. Your very own dedication to passing the solution all-around came to be extremely advantageous and have specifically made women just like me to attain their pursuits. The informative recommendations denotes a whole lot a person like me and even further to my peers. Regards; from each one of us.

  • 먹튀 폴리스

    I simply couldn’t depart your website prior to suggesting that I really enjoyed the standard info an individual supply to your guests? Is gonna be back frequently in order to check up on new posts

  • http://appsmyandroid.com/user/mvoxzeyluog/

    I have been exploring for a little for any high-quality articles or blog posts in this sort of house . Exploring in Yahoo I at last stumbled upon this web site. Reading this info So i’m glad to express that I’ve a very just right uncanny feeling I came upon exactly what I needed. I such a lot certainly will make sure to do not overlook this site and give it a glance regularly.

  • beast IPTV

    Pretty nice post. I just stumbled upon your blog and wished to say that I’ve really enjoyed surfing around your blog posts. After all I will be subscribing to your rss feed and I hope you write again very soon!

  • San Diego Startup

    I’ve been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all website owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • online poker

    Heya i’m for the first time here. I found this board and I find It really useful & it helped me out a lot. I hope to give something back and help others like you aided me.

  • online poker

    I wish to show my appreciation to this writer for rescuing me from this scenario. Right after checking through the world-wide-web and obtaining solutions which were not powerful, I thought my life was done. Living minus the solutions to the difficulties you’ve solved as a result of this report is a serious case, and ones which might have in a wrong way damaged my entire career if I had not discovered the blog. Your good competence and kindness in maneuvering all the pieces was valuable. I’m not sure what I would have done if I hadn’t come across such a thing like this. I’m able to at this point look forward to my future. Thanks a lot very much for the specialized and result oriented help. I will not think twice to recommend the sites to any person who ought to have assistance on this situation.

  • agen poker online

    Hey there! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My blog goes over 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 shoot me an e-mail. I look forward to hearing from you! Fantastic blog by the way!

  • lån

    I mastered more something totally new on this fat loss issue. 1 issue is a good nutrition is highly vital any time dieting. A massive reduction in junk food, sugary ingredients, fried foods, sweet foods, pork, and white-colored flour products could possibly be necessary. Having wastes organisms, and contaminants may prevent objectives for fat-loss. While certain drugs in the short term solve the situation, the unpleasant side effects are certainly not worth it, and so they never offer more than a non permanent solution. This is a known indisputable fact that 95 of fad diet plans fail. Thanks for sharing your notions on this weblog.

  • 야마토카지노

    Appreciating the time and effort you put into your website and detailed information you provide. It’s great to come across a blog every once in a while that isn’t the same unwanted rehashed material. Excellent read! I’ve bookmarked your site and I’m including your RSS feeds to my Google account.

  • voblerone

    What i don’t understood is in truth how you’re now not actually a lot more smartly-appreciated than you may be right now. You’re so intelligent. You understand therefore significantly when it comes to this subject, produced me individually consider it from a lot of varied angles. Its like men and women aren’t fascinated except it’s one thing to do with Lady gaga! Your own stuffs great. Always take care of it up!

  • затворы sung do

    What’s Happening i am new to this, I stumbled upon this I have found It absolutely useful and it has aided me out loads. I hope to contribute & help other users like its aided me. Great job.

  • 토토사이트

    Somebody necessarily lend a hand to make severely posts I would state. This is the first time I frequented your website page and to this point? I surprised with the analysis you made to create this actual put up extraordinary. Wonderful task!

  • 토토사이트

    I was recommended this blog by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You’re incredible! Thanks!

  • 토토사이트 추천

    I acquired more interesting things on this losing weight issue. 1 issue is a good nutrition is tremendously vital whenever dieting. A huge reduction in bad foods, sugary meals, fried foods, sugary foods, red meat, and white-colored flour products might be necessary. Possessing wastes harmful bacteria, and contaminants may prevent objectives for losing belly fat. While selected drugs for the short term solve the condition, the horrible side effects are usually not worth it, and so they never give more than a momentary solution. This can be a known fact that 95 of celebrity diets fail. Thank you for sharing your opinions on this website.

  • แต่งงาน

    One thing I’d really like to reply to is that weightloss system fast may be possible by the right diet and exercise. A person’s size not just affects appearance, but also the complete quality of life. Self-esteem, depression, health risks, along with physical ability are impacted in an increase in weight. It is possible to just make everything right and still gain. Should this happen, a condition may be the culprit. While an excessive amount food rather than enough body exercise are usually at fault, common health conditions and popular prescriptions might greatly add to size. Thanks a bunch for your post right here.

  • เช่ารถตู้ Vip

    Pretty part of content. I simply stumbled upon your site and in accession capital to claim that I acquire in fact enjoyed account your weblog posts. Any way I will be subscribing on your feeds and even I success you get right of entry to consistently quickly.

  • 먹튀폴리스

    Hi are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any html coding knowledge to make your own blog? Any help would be greatly appreciated!

  • 먹튀검증업체

    Its such as you read my mind! You seem to understand so much approximately this, such as you wrote the e book in it or something. I believe that you simply could do with a few to force the message home a little bit, however other than that, this is wonderful blog. An excellent read. I will certainly be back.

  • watch game of thrones online free

    you are in reality a excellent webmaster. The web site loading pace is incredible. It kind of feels that you’re doing any distinctive trick. Furthermore, The contents are masterpiece. you’ve performed a excellent job on this subject!

  • 우리카지노

    I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all site owners and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • เช่าโต๊ะ

    Thanks for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such magnificent info being shared freely out there.

  • 먹튀폴리스 가족방

    Thanks for some other informative site. The place else could I am getting that kind of information written in such an ideal method? I have a venture that I am just now working on, and I have been at the look out for such information.

  • lifeguard certificate

    Hi are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any html coding knowledge to make your own blog? Any help would be really appreciated!

  • 파워볼사이트

    One more thing I would like to convey is that in lieu of trying to accommodate all your online degree classes on times that you end work (because most people are fatigued when they go back home), try to get most of your instructional classes on the saturdays and sundays and only a few courses on weekdays, even if it means a little time off your end of the week. This is fantastic because on the weekends, you will be more rested along with concentrated in school work. Thx for the different ideas I have realized from your blog.

  • graphic tees

    I do not even know how I ended up here, but I thought this post was good. I don’t know who you are but definitely you are going to a famous blogger if you are not already 😉 Cheers!

  • Tworzenie Stron Gorzow

    Wow! This could be one particular of the most useful blogs We have ever arrive across on this subject. Basically Wonderful. I am also an expert in this topic so I can understand your effort.

  • Google

    Wonderful story, reckoned we could combine a handful of unrelated information, nevertheless actually worth taking a look, whoa did one particular understand about Mid East has got much more problerms at the same time.

  • nonton film

    I’m really loving the theme/design of your web site. Do you ever run into any browser compatibility problems? A couple of my blog readers have complained about my blog not working correctly in Explorer but looks great in Safari. Do you have any ideas to help fix this problem?

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