& credibility of the offeror was best weighed in viva voce F: Third party appeals court order for the P to attend three testimony. Deposition seems like the best choice here. medical exams by specified practitioners. Three conditions- NOTE: Now, with video-conferencing, that would probably be Third party may request reports from one or more of the the option the court would go for. doctors. IF so, they may be received by P too. If he third party doesn’t request the report, they shall within 45 days obtain a copy from that doctor of all documents generated y, or on behalf of that doctor relating to that defence & deliver it to the P. Third party denied its liability to indemnify the D plaza. Third party says the judge erred by imposing conditions in the paragraphs because they do not achieve the goal of putting the parties on an equal footing re: the medical evidence. I: are the terms inappropriate? R: Purpose of the rule is to put the parties on an equal footing re: medical evidence. What steps are necessary is a matter of discretion for the chambers judge to asses in the circumstances of each case. The court may impose as a condition a requirement that the P produce all reports in its possession, whether or not they intend to rely upon them. It can also be a E.) condition of ordering an independent medical exam that the examining dr deliver to the P any notes of any history given to 7-6: him on examination, his observations & findings. It is unusual to go further and order to Dr to produce his confidential opinions (1) If the physical or mental condition of a person is in issue, the or advice to the lawyer who requested the examination—these court may order that the person submit to an examination by could be the subject of litigation privilege. a medical practitioner or other qualified person, and may also make an order respecting expenses connected to the exam, and an order that the result be put in writing and copies be F.) made available to interested parties of record. (2) If court considers it necessary or expedient for the purpose of obtaining full information r evidence, it may order the Narrow issues & dispense with proof. production, inspection & preservation of property, or Usually play a limited role and are dealt with on experiments to be conducted on or with the property. uncontroversial matters in the weeks leading up to trial. ICBC (BCCA, 2001) 7-7:
& credibility of the offeror was best weighed in viva voce testimony. Deposition seems like the best choice here. NOTE: Now, with video-conferencing, that would probably be the option the court would go for. E.) 7-6: (1) If the physical or mental condition of a person is in issue, the court may order that the person submit to an examination by a medical practitioner or other qualified person, and may also make an order respecting expenses connected to the exam, and an order that the result be put in writing and copies be made available to interested parties of record. (2) If court considers it necessary or expedient for the purpose of obtaining full information r evidence, it may order the production, inspection & preservation of property, or experiments to be conducted on or with the property. ICBC (BCCA, 2001) F: Third party appeals court order for the P to attend three medical exams by specified practitioners. Three conditions- Third party may request reports from one or more of the doctors. IF so, they may be received by P too. If he third party doesn’t request the report, they shall within 45 days obtain a copy from that doctor of all documents generated y, or on behalf of that doctor relating to that defence & deliver it to the P. Third party denied its liability to indemnify the D plaza. Third party says the judge erred by imposing conditions in the paragraphs because they do not achieve the goal of putting the parties on an equal footing re: the medical evidence. I: are the terms inappropriate? R: Purpose of the rule is to put the parties on an equal footing re: medical evidence. What steps are necessary is a matter of discretion for the chambers judge to asses in the circumstances of each case. The court may impose as a condition a requirement that the P produce all reports in its possession, whether or not they intend to rely upon them. It can also be a condition of ordering an independent medical exam that the examining dr deliver to the P any notes of any history given to him on examination, his observations & findings. It is unusual to go further and order to Dr to produce his confidential opinions or advice to the lawyer who requested the examination—these could be the subject of litigation privilege. F.) Narrow issues & dispense with proof. Usually play a limited role and are dealt with on uncontroversial matters in the weeks leading up to trial. 7-7: