Medical Examination Ordered For Rebuttal Report After 84 Day Deadline

The Court accepted that the Neurologist in this ICBC car accident injury claim needed to perform a physical exam of the claimant in order to properly prepare a report in response to claimant’s medical experts (Ram v. Chhina, 2015 BCSC 2193). This despite the examination taking place only 2 months before the personal injury trial was scheduled to begin. This…

Injury Claimant Not required to Attend Insurance Company Medical Examination

In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist.  Master Baker pointed out, [18]  To…

Car Accident Claimant Not Required to Submit to ICBC Medical Examinations- Fresh Opinion Evidence Masquerading as Response

In this Victoria personal injury case( Hamilton v. Demandre,2010 BCSC 1914) the injury claimant was involved in 2 car accidents 8 years apart. Lawyers for ICBC as insurer for the defence sought a court order that the claimant attend and submit to 2  medical examinations. The injury claimant resisted the court application on the basis that the medical examinations were neither…

Injury Claimant Not Required to Attend Medical Examination-Injury Lawyer Request Too Close to Trial

Wright v. Brauer, 2010 BCSC 1282 This court application was made to force the injury claimant to attend a  medical examination set up by  ICBC representing the drivers in a motor vehicle accident case. This request was made only  two months and one week before the scheduled trial.  The personal injury lawyer representing the injury claimant gave ICBC two medicolegal reports. …