Mussio Goodman is pleased to announce our recent success in the Supreme Court of British Columbia, in which we defended our client’s interests by preventing a medical assessment (IME) by an orthopedic surgeon chosen by ICBC.
Interestingly, ICBC instructed the neurologist to provide a fulsome report of our client’s injuries, not restricting him to opinions of a neurological nature. The ICBC doctor commented extensively on our client’s soft tissue injuries, providing views that went well beyond his expertise as a neurologist. We stood firm in our position that a subsequent IME was inappropriate as ICBC had already received a fulsome report of our client’s injuries. As a result, ICBC applied for a court order to compel our client to attend.
We argued that the second IME was unnecessary to put the parties on an equal playing field. We further argued that ICBC was simply looking to bolster the weaknesses of the previous report from the neurologist. They were in essence ‘doctor shopping’ for a more favourable opinion.
Madam Justice MacNaughton of the Supreme Court of British Columbia agreed with our submissions and dismissed ICBC’s application with costs.Tweet