Consent can be ordered for IMEs

In Kalaora v. Gordon, 2011 BCSC 1360, the defendant requested that the plaintiff attend at a psychiatrist for an IME.  The plaintiff agreed to attend but advised the defendant that he would not sign any authorizations or provide consent.  On the day of the exam, the plaintiff refused to provide written or verbal consent.  The psychiatrist did not proceed with the medical examination.  Cancellation fees were imposed.  When plaintiff's counsel consented to the IME by the psychiatrist, it could be inferred that the plaintiff had agreed to the examination.  When he refused to sign the authorization or consent verbally on the day of examination, he withdrew that consent.  The Court found that based on the case law, the Supreme Court Civil Rules and their purpose, the underlying need for full disclosure, it can order a litigant to sign a consent or authorization.  The defendant was required to cover the cancellation fees given the prior notice of the plaintiff's position.




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