Trilokie v Lasenby, 2015 ONSC 6376
In a complex case where the plaintiff seeks over $10.5 million from a motor vehicle accident, Bahram successfully argued a motion to compel the plaintiff to attend a second psychiatric defence medical examination. The plaintiff opposed the motion but the Court agreed that a second assessment was necessary to ensure trial fairness for the defendants.
This case is significant as the defendants had already obtained an earlier psychiatric examination of the plaintiff with a different psychiatrist. However, the Court agreed with Bahram that an updated paper review assessment by the previous psychiatrist was insufficient and that the defendants required a new in-person psychiatric assessment conducted by a fresh expert.
This is the first reported decision where the Court has ordered a plaintiff to attend an in-person second defence medical examination with a new expert who specializes in the same field as the defendants’ previous expert.
