Court denies ICBC’s request for Independent Medical Examination with Orthopaedic Surgeon

In a decision published yesterday, the court in Pridge v. Barnett, 2016 BCSC 2556, denied ICBC’s request for an Independent Medical Examination with an Orthopaedic Surgeon on the basis that the plaintiff had already been examined by an ICBC appointed Physiatrist.  Madam Justice Power said:

[1]             THE COURT:  This is the defence application that the plaintiff attend an independent medical examination with Dr. Darius Viskontis, an orthopaedic surgeon.

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[4]             The plaintiff also argues that this is not a first independent medical examination, but a second one, and that the court should not exercise its discretion in favour of granting a further independent medical examination.

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[14]         The parties have placed a number of authorities before me, both in the application and response.  Having considered those materials, I am of the view that the weight of the materials satisfies me that this is a second examination and is not required to ensure reasonable equality between the parties in the preparation of the case for trial.

[15]         The defence has the benefit of two reports of Dr. Filbey which are comprehensive and two reports of Mark Swain, an occupational therapist.  The plaintiff does not intend to call an orthopaedic surgeon at trial.

The full decision can be found here:  http://www.courts.gov.bc.ca/jdb-txt/sc/16/25/2016BCSC2556.htm