[1] The defendants seek an order that the plaintiff, Saokeng Mork, “attend at a defence medical assessment with Dr. Hugh Cameron, Orthopaedic Surgeon and Chronic Pain Specialist”. There are available appointment dates on August 17, 19 and 26, 2016.
Authorities
[8] The Court can order a defence medical by one or more health practitioners pursuant to section 105(2) of the Courts of Justice Act, where the physical or mental condition of a party to a proceeding is in question. Rule 33.02(2) of the Rules of Civil Procedure states that the court may order a second examination or further examinations on such terms respecting costs and other matters as are just.
[9] The parties agree that the leading case in this area is Bonello v. Taylor, 2010 ONSC 5723 (CanLII),[2010] O.J. No. 4432, at para.16. The factors for the court to consider are: