What is the legal test for conducting a medical examination in a personal injury case?

British Columbia, Canada


The following excerpt is from Nieman v. Joyal, 2015 BCSC 1980 (CanLII):

I was referred to several authorities. The first is a decision of mine, Dakin v. Roth, 2013 BCSC 1018, where I refer to conduct money to attend an independent medical examination. This in the context of an appointment to assess the plaintiff's bills of costs. The issue that is now before me was not argued in that case.

The second case referred to by the plaintiff is a 2007 decision of Madam Justice Arnold‑Bailey, Hamilton v. Vance, 2007 BCSC 1001, where she allows mileage to attend various accident‑related medical appointments at 31 cents a kilometre. I infer that she did not consider herself bound to order the amounts that are set out in Schedule 3.

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