Speculation No Reason for Second Defence Medical Exam
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, confirming that a second Court ordered defense medical exam is inappropriate solely in anticipation of an event which may not occur.
In the recent case (Litt v. Guo) the Plaintiff was involved in two collisions and sued for damages. In the course of the lawsuit the Plaintiff consented to a defence medical exam with a physician that addressed the Plaintiff’s injuries. As trial neared the Defense applied for a further exam with a new physician arguing that the initial report was dated and further that “the plaintiff might file a newer report” and the Defendant wished to respond to this anticipated development. In noting that both arguments were insufficient for a Court ordered second defense medical exam Madam Justice Fenlon provided the following reasons:
 The second ground raised by the defendants, and the ground that Mr. McHale referred to as the primary basis supporting the application for another IME by a different specialist, is that the most recent report of Dr. Bishop will be two years old at the date of trial in October 2014. The defendants fear that the plaintiff might file a newer report before the August 4 deadline for delivery of such reports, and the defendants say they would then be at a disadvantage because the plaintiffs will have a fresher report, a report based on a more recent assessment of the plaintiff.
 The defendants submit that they would wish to put before the Court the best evidence, the evidence of an examination of the plaintiff at a time more recent than October 2012. There are, in my respectful view, two weaknesses with that submission. The first is that it anticipates what has not yet occurred. If the plaintiff does submit a report prepared by one of her experts based on a recent examination of the plaintiff and if something new comes out of that report, then presumably Dr. Bishop could be invited to comment on it and the defendants would be in a position to file a rebuttal report. There is nothing in the record before me to suggest that he would not be able to comment on such a report or that there would be a need for further examination should he, in fact, be faced with such a report.
 The second weakness is that passage of time alone is not a basis for ordering a second medical examination of a plaintiff. Dr. Bishop’s report is very clear in terms of his diagnosis, prognosis and his description of the pattern of symptoms Ms. Litt will experience into the future. He describes a likely aggravation of symptoms on activity, which it seems is exactly what is reflected in the medical reports which initially led to this application.
 In short, despite Mr. McHale’s able submissions, I cannot find that a further examination is necessary to ensure reasonable equality of the parties in preparing for this trial.
bc injury law, Litt v. Guo, Madam Justice Fenlon, multiple defence medical exams, Rule 7, Rule 7-6, Rule 7-6(1), Rule 7-6(2), subsequent medical exams
I just want to say I’m new to weblog and actually loved you’re web blog. Very likely I’m likely to bookmark your website . You really come with fantastic writings. Regards for sharing with us your blog.
I’m not sure where you are getting your info, but great topic. I needs to spend some time learning more or understanding more. Thanks for wonderful information I was looking for this information for my mission.
Nice post. I was checking constantly this blog and I’m impressed! Very useful information specially the last part 🙂 I care for such information much. I was looking for this certain information for a long time. Thank you and good luck.
Thanks for making me to get new tips about computers. I also possess the belief that one of the best ways to help keep your notebook in perfect condition is a hard plastic material case, and also shell, which fits over the top of the computer. A majority of these protective gear usually are model targeted since they are made to fit perfectly within the natural housing. You can buy these directly from the vendor, or from third party sources if they are for your notebook computer, however don’t assume all laptop can have a shell on the market. Again, thanks for your recommendations.
venta por catalogo
very nice publish, i certainly love this web site, carry on it
Merely a smiling visitor here to share the love (:, btw outstanding layout.
I was very happy to search out this web-site.I needed to thanks for your time for this wonderful learn!! I definitely having fun with every little bit of it and I have you bookmarked to check out new stuff you weblog post.
Rattling nice style and design and wonderful written content , practically nothing else we want : D.
marcel van hooijdonk
Great article. It is unfortunate that over the last years, the travel industry has already been able to to tackle terrorism, SARS, tsunamis, flu virus, swine flu, as well as first ever true global downturn. Through all this the industry has really proven to be sturdy, resilient in addition to dynamic, getting new methods to deal with misfortune. There are always fresh challenges and chance to which the business must just as before adapt and respond.
I haven¡¦t checked in here for a while because I thought it was getting boring, but the last few posts are good quality so I guess I¡¦ll add you back to my everyday bloglist. You deserve it my friend 🙂
I’d have to examine with you here. Which is not one thing I normally do! I get pleasure from reading a put up that can make people think. Additionally, thanks for allowing me to comment!
Thanks – Enjoyed this article, is there any way I can get an email whenever there is a new update?
I discovered your blog site on google and examine a number of of your early posts. Proceed to maintain up the very good operate. I simply further up your RSS feed to my MSN Information Reader. In search of ahead to reading more from you in a while!…
location range rover
Thanks for giving your ideas. The one thing is that learners have a selection between government student loan plus a private education loan where it can be easier to select student loan debt consolidation reduction than in the federal education loan.
My brother recommended I may like this website. He was once totally right. This put up truly made my day. You cann’t consider just how a lot time I had spent for this information! Thank you!
agen poker online
I am continuously searching online for posts that can aid me. Thank you!
situs poker online
Thanks a bunch for sharing this with all of us you really know what you’re talking about! Bookmarked. Kindly also visit my web site =). We could have a link exchange agreement between us!
You are a very bright individual!
Hello There. I found your blog using msn. This is a really well written article. I will be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll definitely return.
I am not sure where you are getting your info, but good topic. I needs to spend some time learning more or understanding more. Thanks for magnificent information I was looking for this information for my mission.
Have you ever considered writing an e-book or guest authoring on other websites? I have a blog based on the same ideas you discuss and would really like to have you share some stories/information. I know my readers would appreciate your work. If you are even remotely interested, feel free to shoot me an email.
затворы sung do
You are a very clever person!
You made some good points there. I looked on the internet for the subject and found most individuals will go along with with your blog.
Social Media Marketing Wien
Digital Marketing Manager Wien
I have been absent for some time, but now I remember why I used to love this web site. Thanks , I¡¦ll try and check back more frequently. How frequently you update your web site?
Thanks for your helpful article. One other problem is that mesothelioma cancer is generally caused by the inhalation of fibers from asbestos fiber, which is a extremely dangerous material. It truly is commonly seen among staff in the structure industry who may have long contact with asbestos. It could be caused by living in asbestos covered buildings for long periods of time, Genes plays a huge role, and some consumers are more vulnerable on the risk as compared to others.
I should say also believe that mesothelioma cancer is a unusual form of melanoma that is commonly found in those previously subjected to asbestos. Cancerous cells form while in the mesothelium, which is a defensive lining which covers almost all of the body’s areas. These cells normally form from the lining of your lungs, belly, or the sac which encircles the heart. Thanks for revealing your ideas.
Thanks a lot for sharing this with all of us you really know what you’re talking about! Bookmarked. Kindly also visit my site =). We could have a link exchange contract between us!
Hey There. I found your blog the use of msn. This is a very well written article. I will be sure to bookmark it and return to read extra of your helpful info. Thanks for the post. I will certainly return.
american lifeguard association
I am very happy to read this. This is the type of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this best doc.
I additionally believe that mesothelioma is a scarce form of cancers that is commonly found in those previously subjected to asbestos. Cancerous tissues form inside the mesothelium, which is a shielding lining that covers almost all of the body’s internal organs. These cells generally form inside lining of the lungs, belly, or the sac that encircles one’s heart. Thanks for giving your ideas.
Hi! I know this is kinda off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!
excellent points altogether, you just received a emblem new reader. What could you recommend in regards to your put up that you made a few days in the past? Any positive?
F*ckin’ remarkable things here. I’m very happy to look your article. Thanks so much and i am taking a look forward to contact you. Will you please drop me a e-mail?
Thank you a bunch for sharing this with all folks you really realize what you are speaking about! Bookmarked. Kindly additionally visit my web site =). We can have a hyperlink alternate arrangement among us!
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to your site when you could be giving us something enlightening to read?
Definitely, what a great site and instructive posts, I definitely will bookmark your website.Have an awsome day!
how to watch game of thrones free
hey there and thanks on your info – I’ve definitely picked up anything new from proper here. I did alternatively expertise a few technical issues the usage of this site, since I experienced to reload the web site many times previous to I could get it to load properly. I have been brooding about in case your web host is OK? Now not that I am complaining, but slow loading instances occasions will often affect your placement in google and can harm your quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m adding this RSS to my email and can look out for a lot more of your respective exciting content. Ensure that you replace this once more soon..
you are really a good webmaster. The site loading speed is incredible. It seems that you are doing any unique trick. Furthermore, The contents are masterpiece. you’ve done a great job on this topic!
Good article and straight to the point. I am not sure if this is in fact the best place to ask but do you guys have any thoughts on where to get some professional writers? Thank you 🙂
As a Newbie, I am continuously exploring online for articles that can help me. Thank you
Opiekunka Do Niemiec
hello!,I love your writing so so much! percentage we be in contact extra about your post on AOL? I require an expert on this house to unravel my problem. May be that is you! Having a look ahead to see you.
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!
magnificent points altogether, you just gained a brand new reader. What would you suggest about your post that you made a few days ago? Any positive?
It’s exhausting to find educated individuals on this topic, but you sound like you realize what you’re talking about! Thanks
I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all webmasters and bloggers made good content as you did, the net will be a lot more useful than ever before.
hard dj taydeville ft crime mob free
Very interesting subject , thankyou for putting up. “Education a debt due from present to future generations.” by George Peabody.
Appreciate you for sharing these kind of wonderful blogposts. In addition, the ideal travel plus medical insurance strategy can often reduce those issues that come with journeying abroad. Your medical crisis can shortly become too expensive and that’s absolute to quickly impose a financial impediment on the family’s finances. Putting in place the ideal travel insurance program prior to setting off is well worth the time and effort. Cheers
Your home is valueble for me. Thanks!…
Here is a great Blog You might Uncover Fascinating that we encourage you to visit.
Hello! I simply would like to give an enormous thumbs up for the great data you will have here on this post. I will be coming again to your blog for extra soon.
Seo Cena Gorzow Wielkopolski
I do accept as true with all the concepts you have introduced for your post. They’re very convincing and can certainly work. Nonetheless, the posts are too brief for newbies. May just you please prolong them a bit from subsequent time? Thanks for the post.
Helpful information. Lucky me I discovered your site accidentally, and I’m stunned why this accident didn’t took place in advance! I bookmarked it.
I know this if off topic but I’m looking into starting my own blog and was wondering what all is needed to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web savvy so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Cheers
Here are some links to internet sites that we link to for the reason that we assume they are worth visiting.
What’s Going down i am new to this, I stumbled upon this I’ve found It absolutely helpful and it has helped me out loads. I hope to give a contribution & assist other users like its helped me. Great job.
pembesar alat vital alami
Hi, i think that i noticed you visited my web site so i got here to “go back the choose”.I’m attempting to to find issues to enhance my website!I suppose its good enough to make use of some of your ideas!!
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! Thx again!
Comments are closed.