15 Jun Court Orders Plaintiff to Attend Independent Medical Examination

In the case of Broumand v. McEdwards, 2020 BCSC 803, the Plaintiff was involved in a car accident in 2017.  As part of the ongoing court process, the Defendants sought an order that the Plaintiff attend an independent medical examination (“IME”) by their neurologist. The primary purpose for ordering IMEs is to put the parties on an equal footing with respect to medical evidence.

The Plaintiff opposed a “full” neurological examination and argued that the examination be limited to his concussion issues. He had already agreed to attend an IME by an orthopedic surgeon and he thought the orthopedic surgeon should be able to deal with all alleged injuries other than the concussion, so a full second IME was not necessary.

In the Plaintiff’s notice of civil claim, he plead a long list of injuries. The Defendants’ denied that he suffered any injuries and plead that any loss or damage was the result of previous and/or subsequent injuries or pre-existing conditions. Some evidence emerged that supported their position. Almost two years before the accident, the Plaintiff was referred to a pain specialist for assessment and treatment of a shoulder injury.  A year before the accident, the Plaintiff reported back pain to his family physician.

The court agreed that the Defendants were entitled to inquire whether there was a neurological component to the Plaintiff’s current complaints and, if so, whether it related to a pre-existing or subsequent condition.

The court also agreed that it would have been preferable to have had the orthopaedic surgeon’s report in order to determine if a further IME by a neurologist was even necessary. However, in view of the timing of the orthopedic examination, the upcoming trial date, and the deadline for service of expert reports, that was not practical.

The court decided that in the circumstances, the need for the best evidence and a just determination on the merits overrode any concern about the timeliness of the first IME or of this application. The Plaintiff was ordered to attend for an IME by the neurologist at the time and place set out in the notice of application.