The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was denied a request for a second medical examination.(Tran v. Abbott, 2018 BCCA 154)
In allowing the leave to appeal application the judge was of the view that the points raised are of significance to the lawsuit and to the practice of law. The judge was satisfied the appeal was not frivolous and met the merit requirements. As it was in the interests of justice, leave was granted. The defendant sought leave to appeal an order dismissing her application for an order requiring the claimant to attend a second independent medical examination (“IME”) with an orthopedic surgeon.
Factors for a leave to appeal can be considered under the rubric of the interests of justice. Leave to appeal from a discretionary order is seldom granted. The issue here concerns whether the judge proceeded on a wrong principle, in conflict with other authorities.