Fertility Law – Frequently Asked Questions
As fertility law practitioners in this rapidly developing field of law, we often find ourselves faced with some recurring questions. As such, we have drafted this blog po…
Read moreDecember 13, 2016
In the recent decision of Orr v. Pringle, 2015 BCSC 2644, the court granted the Plaintiff’s application to be allowed to leave ICBC’s Medical Examination if forced to wait longer than 30 minutes for the examination to begin. The court also prohibited ICBC from conducting surveillance of the plaintiff during the exam. The court said:
[2] I will order that the plaintiff will be at liberty to leave if either examination does not proceed within 30 minutes, but I am not prepared to make the order that that is deemed to have satisfied the requirement to attend an IME. In other words, he can leave if he wants to after 30 minutes on these specific days, but there may be reasons for that delay that may justify the defendant in applying for a replacement date. I am not going to make any comment on whether they will get it or not, but I am not prepared to deem attendance.
[3] As for surveillance, I agree that is not simply a matter of the plaintiff being potentially subject to surveillance while he is in a public place at a time chosen by the defendant or whenever they can find him. This is a matter where he is at a place at a time that has been ordered by the Court. It is a bit analogous to a plaintiff being under surveillance in the courthouse and that is not appropriate. So I will grant that condition.
The full text of the decision can be found here: http://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2238/2016bcsc2238.html?resultIndex=1
The McQuarrie Hunter Personal Injury Blog is maintained by the ICBC and personal injury practice group at McQuarrie Hunter LLP.
As fertility law practitioners in this rapidly developing field of law, we often find ourselves faced with some recurring questions. As such, we have drafted this blog po…
Read moreWe are excited to announce Parveen Karsan, Sarando Matheos, and Kirk Wirsig have been selected for inclusion in the 2024 edition of The Best Lawyers in Canada®.
Read moreWhen you are disabled due to an injury or an illness, the last thing you should have to deal with is a battle with an insurance company over the interpretation of complex…
Read more