Can a court compel a medical examination for the purposes of challenging an individual's legal competency?
British Columbia, Canada
The following excerpt is from Serban v. Serban, 2016 BCSC 2419 (CanLII):
The governing authority in this jurisdiction respecting the court's ability to compel a medical examination for the purposes of challenging an individual's legal competency is Temoin v. Martin, 2012 BCCA 250. In that case a concerned daughter asked her father to see two physicians so that his capability might be assessed. He refused. She therefore sought an order requiring her father to attend two medical examinations by geriatric psychiatrists selected by a third party. Her application was dismissed, primarily on the ground that there was no compelling evidence establishing that her father was in need of protection.
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