[13] On October 4, 2016, the plaintiff sought various conditions with respect to the examinations and sent the defendant a draft order but did not challenge the dates of the assessments. By correspondence dated October 26, 2016 from the defendant and November 1, 2016 from the plaintiff, the parties agreed to the following seven conditions:
1. The defendant will pay for travel from and between the plaintiff’s home and the examinations, and will reimburse the plaintiff for travel expenses incurred, including overnight accommodations and meals, and that the plaintiff will provide receipts;
2. The curriculum vitae of each doctor will be produced with their reports;
3. Neither examination will be audio or video recorded;
4. An index of medical records or reports provided to the doctors will be produced with the doctors’ reports;
5. That best efforts will be made to provide the reports within 90 days of the examination, and in any event the defendant will produce the reports to the plaintiff within 10 business days of receiving them;
6. The doctors will not use a questionnaire; and
7. The Plaintiff will sign consents approved by plaintiff’s counsel.
[14] The plaintiff confirmed their agreement with the above terms, but specified that there was one omission that must be addressed which is that the reports must not be ghost written and must be the sole product of Dr. Young and Dr. Ford respectively for their individual reports. The plaintiff went on to state that this requirement was merely a reiteration of Rule 33.06 (1) which states that the medical report shall be prepared by the examining health practitioner. The wording of this condition in the plaintiff’s draft order sent to the defendant was as follows:
THIS COURT ORDERS that the reports of Dr. Ford and Dr. Young will not be ghost written and that the reports must be the sole work of the doctor and not any other individual(s) and not a report partly written by administrative staff or other individuals employed by the agency through which the doctor provides expert services.