In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist. Master Baker pointed out,
[18] To wait after that point is to — as I think one authority, perhaps Mr. Justice Macaulay used the phrase — “shoehorn” the opinion into a compacted, truncated chronology, i.e., the 42-day limit for a responsive report, when, in fact, it should have been anticipated well in advance of that and it should have been subject to the same 84-day rule.
[19] Again, nothing in this precludes the defence from delivering a responsive medical report. It is just as in the Gregorich case, I do not see that it is necessary to do that to direct the independent medical examination.
For a further discussion about the 84 day expert deadline check out my article about top lawyers serving expert reports. Also take a read of my review of Wright v. Brauer ,2010 BCSC 1282. Posted by Personal Injury Lawyer Mr. Renn A. Holness