Can a defendant who has put his physical condition in issue in an action by him for damages deny an independent medical examination?

Alberta, Canada


The following excerpt is from Grayson v. Demers, 1974 ALTASCAD 81 (CanLII):

Haines J. in Taub v. Noble indicates that a person who has put his physical condition in issue in an action by him for damages should not be in a position to deny the opposite party the right to ascertain his condition by suitable examination by a medical practitioner. Surely by analogy the defendant respondent in this case who has put his physical condition in an issue by way of defence should not be in a better position than a plaintiff who does the same thing, nor should counsel for the plaintiff be forced to labor under the disadvantage of having to proceed without competent independent medical examination of the defendant to ascertain if his allegations as to his physical condition may have foundation in fact.

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