Prejudice To Defendant Not Enough To Compel Plaintiff to Attend "Responding" IME
(Update November 16, 2011 – The case discussed in the below post has now been published and full reasons for judgement can be found here)
One of the patterns that is becoming very clear under the New Rules of Court is that Parties ignore the 84 day requirement for exchange of expert evidence at their peril.
Often times Defendants apply for an order compelling a Plaintiff to attend an Independent Medical Exam beyond this deadline. Numerous cases have considered such applications with the argument that an assessment is necessary in order to obtain a ‘responding‘ report under the more generous 42 day deadline of Rule 11-6(4). Reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, considering and rejecting such an argument.
In today’s case (Scott v. Ridgway) the Plaintiff was injured and sued for damages. In the course of the lawsuit the Plaintiff served the report of a vocational consultant. The Defendant applied for an order to compel the Plaintiff to attend an independent exam in order to obtain a responding report. The Defendant brought the application after the 84 day deadline. Madam Justice Kloegman dismissed the application finding that prejudice is not enough to compel an IME for the purpose of a responding report. The Court provided the following useful reasons:
 I am not persuaded that the plaintiff is required to attend before Dr. Banks in order for the defendant to file a responsive report. I am aware of the prejudice claimed by the defendant that their expert’s opinion may be given less weight because of lack of examination of the plaintiff. However, if they are prejudiced, it is of their making and not the result of any conduct of the plaintiff.
 The rules are clear. They must be obeyed in the absence of special circumstances. There are no special circumstances here that would allow the defendant to file a report containing fresh opinion. The defendant will be restricted to analyzing and respond to the plaintiff’s report.
I should note that some previous cases have ordered physical examination for responding report purposes, however, in such cases the Court was presented with affidavit evidence from the proposed expert explaining why such an examination is necessary.
In today’s case the Defendant did provide an affidavit from a doctor but the court placed no weight in it and criticized it for being “lifted from another affidavit sworn by another expert in another case with other expertise than that of Dr. Cook”.
Today’s reasons are unpublished but as always I’m happy to share a copy with anyone who contacts me and requests these.
bc injury law, independent medical exams, Madam Justice Kloegman, responding reports, Rule 11, Rule 11-6, Rule 11-6(4), Rule 7, Rule 7-6, Rule 7-6(1), Scott v. Ridgway
I simply want to tell you that I am just newbie to blogging and really savored your blog. Most likely I’m want to bookmark your blog . You really have beneficial well written articles. Many thanks for revealing your blog.
I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thank you again!
Good – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your client to communicate. Nice task..
fotograf slubny Oswiecim
Wow, incredible weblog structure! How long have you been blogging for? you make blogging glance easy. The total glance of your site is excellent, as neatly as the content material!
There is evidently a bundle to know about this. I suppose you made various good points in features also.
I like the helpful information you supply in your articles. I’ll bookmark your weblog and take a look at again right here frequently. I am somewhat sure I will be informed many new stuff proper right here! Best of luck for the next!
Thank you a lot for giving everyone an exceptionally marvellous opportunity to read articles and blog posts from here. It really is so brilliant and stuffed with a lot of fun for me and my office acquaintances to visit your website the equivalent of three times in a week to read through the fresh guidance you have. And of course, we are usually fascinated with your astounding secrets you serve. Certain 4 points in this post are easily the very best we have all had.
marcel van hooijdonk
I have been exploring for a bit for any high quality articles or blog posts in this kind of space . Exploring in Yahoo I at last stumbled upon this website. Studying this info So i am happy to exhibit that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I such a lot undoubtedly will make sure to don¡¦t forget this website and provides it a look regularly.
Spot on with this write-up, I truly think this web site wants far more consideration. I’ll most likely be once more to read far more, thanks for that info.
Hi, i believe that i saw you visited my weblog so i got here to “go back the choose”.I am attempting to find issues to improve my website!I assume its adequate to use a few of your ideas!!
situs poker online
I love your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz respond as I’m looking to construct my own blog and would like to know where u got this from. thanks a lot
My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using WordPress on a variety of websites for about a year and am nervous about switching to another platform. I have heard great things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be greatly appreciated!
Excellent post. I was checking continuously this blog and I am impressed! Very useful information particularly the last part 🙂 I care for such information a lot. I was looking for this particular information for a long time. Thank you and best of luck.
Someone necessarily help to make significantly articles I’d state. This is the first time I frequented your website page and up to now? I amazed with the analysis you made to make this particular publish amazing. Great task!
agen poker online
Pretty nice post. I just stumbled upon your weblog and wanted to say that I’ve really enjoyed browsing your blog posts. After all I will be subscribing to your feed and I hope you write again soon!
Wow! This could be one particular of the most useful blogs We have ever arrive across on this subject. Basically Wonderful. I am also a specialist in this topic so I can understand your effort.
Hey! This post couldn’t be written any better! Reading through this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thanks for sharing!
Best Porn Sites
Civility vicinity graceful is it at. Improve up at to on mention perhaps raising. Way building not get formerly her peculiar. Up uncommonly prosperous sentiments simplicity acceptance to so. Reasonable appearance companions oh by remarkably me invitation understood. Pursuit elderly ask perhaps all.
Social Media Marketing Wien
Digital Marketing Manager Wien
I have recently started a site, the info you offer on this web site has helped me tremendously. Thanks for all of your time & work.
I truly appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!
In the great pattern of things you receive a B+ with regard to hard work. Exactly where you lost me personally was in your particulars. You know, people say, the devil is in the details… And that could not be much more accurate right here. Having said that, allow me say to you what exactly did work. The text is very engaging which is possibly why I am making the effort to comment. I do not really make it a regular habit of doing that. Next, even though I can certainly see the leaps in logic you come up with, I am not really certain of just how you appear to unite your points that make the final result. For now I will, no doubt subscribe to your position but trust in the near future you link the dots better.
I really enjoy looking at on this web site, it holds superb blog posts. “Don’t put too fine a point to your wit for fear it should get blunted.” by Miguel de Cervantes.
I really like your writing style, wonderful information, thankyou for putting up : D.
Hello there, simply turned into aware of your weblog via Google, and found that it’s really informative. I am going to be careful for brussels. I will appreciate when you continue this in future. Numerous people will be benefited from your writing. Cheers!
Hello! I know this is somewhat off topic but I was wondering which blog platform are you using for this site? I’m getting sick and tired of WordPress because I’ve had problems with hackers and I’m looking at alternatives for another platform. I would be awesome if you could point me in the direction of a good platform.
Hey there! I’m at work browsing your blog from my new iphone 4! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the fantastic work!
My brother recommended I might like this website. He was totally right. This post truly made my day. You cann’t imagine just how much time I had spent for this info! Thanks!
I have been examinating out many of your articles and i must say clever stuff. I will make sure to bookmark your site.
You made some respectable factors there. I appeared on the web for the difficulty and located most people will go along with together with your website.
I have seen plenty of useful items on your web site about computer systems. However, I have got the judgment that laptop computers are still less than powerful sufficiently to be a good option if you usually do things that require a lot of power, such as video croping and editing. But for world-wide-web surfing, statement processing, and the majority of other typical computer work they are perfectly, provided you may not mind the small screen size. Thank you sharing your thinking.
websites to watch game of thrones free
Spot on with this write-up, I truly suppose this website wants rather more consideration. I’ll most likely be again to read far more, thanks for that info.
Perfectly pent content , thankyou for selective information .
Wow, awesome blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is excellent, as well as the content!
whoah this blog is wonderful i love reading your articles. Keep up the great work! You know, a lot of people are looking around for this information, you could help them greatly.
Praca Niemcy Agencja
I do believe all the ideas you have offered for your post. They are very convincing and will definitely work. Nonetheless, the posts are very brief for starters. Could you please extend them a bit from subsequent time? Thank you for the post.
hey there and thank you for your information – I have certainly picked up something new from right here. I did however expertise some technical points using this site, as I experienced to reload the site lots of times previous to I could get it to load properly. I had been wondering if your web host is OK? Not that I am complaining, but sluggish loading instances times will sometimes affect your placement in google and can damage your quality score if ads and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective exciting content. Ensure that you update this again very soon..
Whats up! I just would like to give an enormous thumbs up for the good data you have got here on this post. I will likely be coming again to your blog for extra soon.
Very interesting subject , thankyou for putting up. “I am convinced that life in a physical body is meant to be an ecstatic experience.” by Shakti Gawain.
Hello. magnificent job. I did not imagine this. This is a excellent story. Thanks!
custom smco magnets
Good day! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good gains. If you know of any please share. Appreciate it!
I really appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thank you again
A lot of thanks for all your valuable efforts on this web page. My niece really likes making time for investigation and it’s easy to understand why. A number of us notice all relating to the powerful ways you render useful secrets through your website and therefore encourage response from others on the subject matter then our own daughter is certainly understanding a great deal. Take advantage of the remaining portion of the year. You’re the one doing a fantastic job.
Tworzenie Stron WWW Gorzow Wlkp
Thanks for the sensible critique. Me and my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more clear from this post. I’m very glad to see such great information being shared freely out there.
I have been examinating out a few of your stories and i must say clever stuff. I will definitely bookmark your website.
Hey, you used to write wonderful, but the last several posts have been kinda boring… I miss your super writings. Past few posts are just a little bit out of track! come on!
pembesar penis alami
Very well written information. It will be supportive to anyone who usess it, including me. Keep doing what you are doing – looking forward to more posts.
Comments are closed.