This was application to have the claimant attend a defence medical examination with a rheumatologist, Dr. Wade in relation to a car accident injury claim. There have been a number of expert reports tendered by the claimant, and two defence medical examinations done by agreement by Dr. Sovio, an orthopedic surgeon, and Dr. Dahi, a psychiatrist. The claimant provided most…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
ICBC can force injury claimants to attend a medical examination to verify the injuries claimed. In the past it has been a common practice for ICBC to have investigators follow claimants from their home to the examinations and follow them afterward. However the Court no longer agrees that this is appropriate and has ruled in…
The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits. The defendant then wanted the claimant to attend a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…
Innocent car accident victims must now face the prospect of a court ordered medical examination conducted by doctors that are potentially unfair, impartial, not credible and not objective. In a stunning Masters decision of the Supreme Court requiring an ICBC claimant to attend a medical exam, the Master stated, “Questions of fairness, partiality, credibility, and…
A new cost-benefit analysis for admission of expert reports introduced by the Supreme Court of Canada expands the gatekeeping role of judges in Canada (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). This development will change the landscape of expert evidence in personal injury lawsuits, especially when it comes to the hired guns such as…
In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…
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