The defendant in this MVA personal injury action wished for the plaintiff to be assessed by certain damages experts. Plaintiff’s counsel did not agree to have the plaintiff examined by the proposed expert neurologist, psychiatrist, physiatrist, and vocational specialist. The defendant brought a motion to compel the plaintiff to attend with these experts. In the course of the motion, counsel for the defendant also asked the court to order that plaintiff’s counsel cease writing to defence experts. Plaintiff’s counsel had previously written a defence expert setting out certain terms and conditions that should govern the assessment. Justice Wilson ordered that the plaintiff attend the defence assessments at issue. Justice Wilson further directed that it is inappropriate for plaintiff’s counsel to write directly to the individual retained by the defence to conduct an independent assessment of the plaintiff, and improper for any counsel to attempt to intimidate or threaten an assessor retained by the opposing party. If counsel is concerned about what will transpire during an assessment then they must raise such issues with opposing counsel and attempt to work them out. If that is not possible then a case conference should be secured with a judge in Toronto before bringing a motion.
