Wesley v Royal Sun Alliance

SUPERIOR COURT OF JUSTICE

BETWEEN

CRYSTAL WESLEY Plaintiff

and

ROYAL AND SUN ALLIANCE INSURANCE COMPANY OF CANADA Defendant

RULINGS

BEFORE THE HONOURABLE JUSTICE K. CARPENTER-GUNN
on December 20, 2016, at HAMILTON, Ontario

APPEARANCES

J. Waxman Counsel for Plaintiff

H. Saeed Counsel for the Defendant

RULING

Carpenter-Gunn, J. (Orally):

Today I heard a motion brought by the defendant, Royal and Sun Alliance Insurance Company of Canada for the plaintiff to attend two defence medical appointments. One an appointment with a psychologist, and one an appointment with a physiatrist. 

These appointments were originally scheduled, one for November, one for December of this year and were cancelled once the moving party found out from the responding party that he would not produce his client at such examinations.

Obviously, cases of this type are determined specifically on the facts of the case at bar. And there is no case that falls on all fours with the case at bar. There is no issue before the Court that the defendant can ask for examinations under S. 105 and under the rules. Indeed, the responding party concedes that fact.

One has to look at the history of this particular matter in order to discern what is an appropriate outcome of this motion.

...

 

To read the ruling in more detail: Wesley v Royal Sun Alliance

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