This personal injury action arises from a motor vehicle accident. The defendants arranged for the primary plaintiff to be assessed by a neuropsychologist. Counsel for the parties exchanged correspondence confirming: the date for the 6.5 hour appointment; the plaintiff’s agreement to attend; and that a missed appointment fee would be charged if he failed to attend. The amount of the missed appointment fee was not discussed. The plaintiff did not attend the appointment and the neuropsychologist charged a missed appointment fee of $1,695. The defendants sought reimbursement of the fee, and the plaintiffs refused to pay. The defendants brought an unsuccessful motion for reimbursement in which the motion judge accepted the plaintiffs’ argument that the court did not have jurisdiction to make the order sought, and dismissed the motion.
The defendants obtained leave to appeal, and on appeal the Divisional Court allowed the appeal and ordered the plaintiffs to pay the missed appointment fee. In its reasons the Divisional Court confirmed that the Superior Court has jurisdiction to order that a party pay the costs of an independent medical examination that they failed to attend even in the absence of a court order for the examination.