What is the test for properly constituted medical examination?

Even if the court was satisfied that the proposed examination was properly constituted under section 105, the defendant must also satisfy the test of “fairness” and the court must “exercise its discretion depending on the facts of the particular case”. The assessment for example must be “directed to an important issue in the case”, that “such an assessment will ensure a fair trial or other just result” and that “the assessment will not be unnecessarily intrusive to the plaintiff”: Grant v. Keane, supra, p.7.