GORDON v TAYLOR, 2014 ABQB 11
5.41: Medical examinations
5.42: Options during medical examination
5.43: Payment of costs of medical examinations
5.44: Conduct of examination
The Plaintiff was involved in four separate car accidents. The Defendants sought Certified Medical Examinations (CMEs) pursuant to the Minor Injury Regulation, Alta Reg 123/2004 (MIR). The Plaintiff and Defendants did not agree on a certified examiner, and the Superintendent of Insurance (Superintendent) appointed four separate physicians to conduct the CMEs.
The Plaintiff contacted each physician and requested that the examination be videotaped, and all of the physicians refused to do so. The Plaintiff refused to attend the CMEs unless they were videotaped.
The Defendants brought an Application to require the Plaintiff to attend the CMEs.
Rule 5.42 allows a party ordered to undertake a medical examination to elect to have it videotaped. The MIR does not contain this right. The Court concluded that the entitlement to videotaping under the Rules does not apply to CMEs under the MIR, and ordered the Superintendent to appoint a physician to conduct a CME in relation to all four Actions.View CanLII Details