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ARTICLE · 30 JUNE 2014

Divisional Court Allows Examinations By Non-Health Practitioners

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The Divisional Court recently held that a Superior Court Judge has inherent jurisdiction to order a party to be examined by a non-health practitioner.

CanadaLitigation, Mediation & Arbitration
Katherine Shani
Katherine Shani
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Ziebenhaus v. Bahlieda, 2014 ONSC 138

The Divisional Court recently held that a Superior Court Judge has inherent jurisdiction to order a party to be examined by a non-health practitioner.

This issue arose in the context of two separate actions in which the plaintiffs sustained serious injuries. The defendants in Ziebenhaus v. Bahlieda ("Ziebenhaus") were successful on a motion requiring the plaintiff to undergo a vocational assessment by a vocational evaluator, and the defendants in Jack v. Cripps ("Jack") were successful on a motion requiring the plaintiff to undergo a functional abilities evaluation by a chiropractor. The plaintiffs in both actions appealed these orders to the Divisional Court. The Divisional Court upheld the order in Ziebenhaus, but set aside the order in Jack.

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