Does the court have to consider prior no fault examinations before making a decision on a no fault examination?
British Columbia, Canada
The following excerpt is from Jackson v. Miller, 1999 CanLII 806 (BC SC):
The court did say at paragraph 21 and paragraph 22 referring to the decision of Harmada v. Semple (11 October 1983), Vancouver BA20642 (B.C.S.C.): In my opinion, Harmada establishes only that the court may take into consideration prior no fault examinations in exercising its general discretion under rule 30. ...neither the defendant’s counsel nor the I.C.B.C. examiner handling the claim on behalf of the defendants were consulted regarding the initial examination nor were they involved in the preparation of his report. This can be contrasted sharply with the situation addressed in Harmada where there was no suggestion that the adjuster or counsel defending the tort action were excluded from participating and selecting and contacting the physician chosen by I.C.B.C. for the no fault examination. (paragraph 22)
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