What is the current state of the law on defence medical examinations?

In Tsegay v. McGuire (2000), 1 C.P.C. (5th) 311 (S.C.J.) at para. 5, Gillese J. (as she then was) explained the rationale in these terms: Medical reports are critical to the resolution of personal injury disputes. The choice of physician to conduct the defence medical examination is a matter of importance to the defence. Medical reports contribute to settlements and constitute the crucial expert evidence on which a court relies to do justice between the parties, if the matter proceeds to trial. The policy behind the defence medical exam is to uphold the right of the defendant to conduct his or her defence and to assist the court at trial by furnishing expert evidence that is subject to the adversarial process.