Examinations By Non-Medical Practitioners

In the recent decision of Ziebenhaus v. Bahlieda¹, the Divisional Court had opportunity to consider the Court's ability to order a party to undergo an examination. Specifically, the issue was whether a judge of the Superior Court has the authority in the exercise of his or her inherent jurisdiction to order that a party be examined by a non-medical practitioner.

The Divisional Court decision related to the appeal of two motions court decisions. In the Ziebenhaus v. Bahlieda ("Ziebenhaus") action, the plaintiff was ordered to undergo a vocational assessment by a certified vocational evaluator, who was selected by the defendants. In the Jack v. Cripps and Reath ("Jack") action, the plaintiff was ordered to undergo a functional abilities assessment by a chiropractor, who was selected by the defendants.