What is the defence of requiring a third defence medical examination?
British Columbia, Canada
The following excerpt is from Garford v. Findlow, 2014 BCSC 2404 (CanLII):
The defence relies on Kim v. Lin, 2010 BCSC 1386, a case decided under the SCCR in which a third defence medical examination was ordered. In its analysis, the court determined that proportionality is now a relevant consideration on these types of applications. It is further suggested that, regardless of whether the application is for a first examination under 7-6(1) or a further examination under 7-6(2), the same legal principles apply: para. 14.
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