Can a defendant request a second defence medical?
Ontario, Canada
The following excerpt is from Mayali v. Paredes, 2006 CanLII 21786 (ON SC):
A defendant seeking a second defence medical has the onus of showing that it is warranted at the time it is requested. A second or subsequent defence medical can only be warranted when a defendant can demonstrate to the court that it is required to enable him/her “to fairly investigate and call reasonable responding evidence at trial”. See Jones v. Spencer [2005] O.J. No. 1539 at para. 14 (S.C.J.).
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