Wawanesa sought to send the Plaintiff to four Defence medical examination; all or which requests were made after pre-trial. Notwithstanding Wawanesa’s breach of the Rules, the Plaintiff was agreeable to attending one but not four Defence medicals. Wawanesa insisted upon the Plaintiff attending all four and proceeded with a motion. The motion was dismissed but for the one assessment, the Plaintiff had always been willing to attend. Motion for leave to appeal was dismissed. Wawanesa was chastised by both the Superior Court and the Divisional Court for failing to comply with the Rules regarding the time for serving expert reports.
Babcock v. Destefano, 2017 ONSC 276 (2017-01-13) – Reasons for Decision (Motion to Leave to Appeal)
Babcock v. Destefano, 2016 ONSC 5698 (2016-09-14) – Costs Decision
Babcock v. Destefano, 2016 ONSC 5352 (2016-08-24) – Citation