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ARTICLE · 20 OCTOBER 2016

Court Ordered Defence Medicals

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The Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure.

CanadaLitigation, Mediation & Arbitration
Randall Carter
Randall Carter
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In the recently reported case of Daggitt v. Campbelli, the Court reviews the requirements for a Court ordered defence medical pursuant to Section 105 of the Courts of Justice Act and Rule 33 of the Rules of Civil Procedure.  In this motion, heard in April of 2016, with the case scheduled for Trial in September, defence counsel sought to have a third defence medical conducted by a psychiatrist.  The Plaintiff had already undergone defence medicals by a physiatrist and an orthopedic surgeon.  The Plaintiff did not have a psychiatric expert report, but Plaintiff counsel did intend to rely, at Trial, upon the evidence of a psychologist who prepared a report for the accident benefit insurer and a neuropsychologist who treated the Plaintiff flowing from the accident benefits assessment.

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