What is the test for making an Order under Rule 33 of the Rules of Civil Procedure?

In Grant v. Keane [2001] O.J. 554, para 18 affirmed [2001] O.J. 4914 (Div. Ct.) Master Beaudoin correctly summarized the criteria for making an Order under Rule 33 of the Rules of Civil Procedure: • An assessment by persons who are not “health practitioners” may be ordered where such assessment is necessary to the diagnosis of a health practitioner as defined by s. 105 of the Court of Justice Act. • The court has to exercise its discretion depending on the facts of the particular case. • There needs to be a proper evidentiary basis for such an assessment. While the affidavit from the qualified “health practitioner” is preferred; other credible evidence will satisfy the test. • The word “diagnosis” referred to in the various authorities should be given a liberal interpretation. • Such an assessment needs to be directed to an important issue in the case. • The defendant must adduce evidence that such an assessment will ensure a fair trial or other just result. • The assessment must not be unnecessarily intrusive to the plaintiff. The onus is on the plaintiff to adduce such evidence. • The request must be made in a timely way.