Skip to content

Our Ontario Lawyers

When success matters, there is no substitute for the advantage that comes from experience.

Search for a lawyer below:

Office:

Search Results

We're sorry, We cannot locate any lawyers with that criteria. Please search again.

Sort By:

Experience and Expertise:

How Can We Help? We’ll be happy to match you to the right qualified Lerners Lawyer.
LERNx

Must Letters of Instruction to a Defence Medical Expert be Produced Prior to the Examination Itself?

1 minute read

In Nikolakakos v. Hoque, 2015 ONSC 4738, the Plaintiff refused to attend at a defence medical examination until defence counsel produced a copy of the letter of instruction to the expert. It was noted that the plaintiff is seeking production of the instructing letter before the defendants have made any decision as to whether they will be relying on the expert's report at trial.

Master Graham held that a party arranging a medical examination is not obliged to produce its instructing letter to the examining physician until the party elects to call that examining physician as a witness at trial. In addition, a party must also produce any further letters of instruction, such as providing additional medical records or surveillance. It is important to note that Rule 53.03(2.1) still requires the expert to include in his or her report any instructions provided.

LERNx Sidebar

LERNx

LERNx is committed to making the law easier to access for all by publishing high-quality and industry-leading content.

Trevor Fisher

We are here to help.

Do you have any questions about your unique scenario? Feel free to reach out directly by visiting my Lerners Profile View My Full Profile