How have the courts interpreted Rule 30(1) and Rule 7-6(1?

British Columbia, Canada


The following excerpt is from Eastman v. Eastman, 2013 BCSC 1019 (CanLII):

Bates v. Stubbs was a case where the defendant applied pursuant to Rule 30(1) [now Rule 7-6(1)] for an order that the plaintiff attend for an independent medical examination. In allowing the appeal from a chambers judge, Aikins J.A quoted the chambers judge who concisely summarized the positions taken by counsel for the parties and the issue involved as follows at para. 2: … The plaintiff raises no objection to such examination and requests a copy of the examining doctor’s report. The defendant is quite prepared to furnish this copy on the plaintiff agreeing to turn over copies of all his medical reports. The only point in issue between the parties is whether the plaintiff is required to turn over all his medical reports or only those upon which he proposes to rely at trial.

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