Last week I highlighted reasons dismissing a defence application for a second independent medical exam where they had the benefit a first exam but no report was yet produced. Today similar reasons were published by the BC Supreme Court, Vancouver Registry.
In today’s case (Rong v. Yelland) the Plaintiff was injured in a collision and sued for damages. In the course of the lawsuit the Plaintiff consented to be assessed by an orthopedic surgeon of the Defendant’s choosing. After the assessment but prior to any report from the assessment being produced the Defendant requested that the Plaintiff also attend a functional capacity evaluation with a kinesiologist. The Plaintiff declined.
The Defendant brought an application to compel attendance. In dismissing this application the Court noted there is no way of knowing whether the medical ‘playing field‘ was even without the defence surgeon’s report. Master Cameron provided the following reasons: