[11] The independent medical examinations contemplated by the Courts of Justice Act are part of the discovery process, and are explicitly dealt with because of the intrusive nature of a personal interview and assessment which may require the party to be subjected to testing without the benefit of counsel present, which would not otherwise be available at an examination for discovery. In an action for damages for personal injuries, an independent examination is common and routine. Correspondence between Wawanesa and the plaintiff is typical, and shows negotiations and justifications as part of the exchanges.
[12] The right of Wawanesa to have an independent examination is not seriously challenged. It is the timing of the requested examinations that is in issue.
[13] I do not accept Wawanesa’s position that it has an unfettered right to a defence medical; and I do not accept its argument that the timing of this motion is irrelevant. The failure of Wawanesa to seek its defence examinations prior to the pretrials requires that the court scrutinize the requested orders more closely. The onus on the moving party is a heavy one.