What is the test under which a plaintiff must prove that a further independent medical examination is necessary?
British Columbia, Canada
The following excerpt is from Gray-Verboonen v Mandurah, 2019 BCSC 1697 (CanLII):
The plaintiff points to the test under the rules of court and submits that the decision in Tran v. Abbott, 2018 BCCA 365 did not change the requirement that the defendants must show that this further independent medical examination is necessary. Nor did it change the considerations of overlap and bolstering that were concerns in decisions prior to Tran. I agree with that analysis.
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