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RULE 34
MEDICAL EXAMINATION

Analysis



Order for examination

34.01. (1) Where the physical or mental condition of a party is in issue, the Court may, at any time on the application of an opposing party or on its own motion, order the party to submit to a physical or mental examination by a qualified medical practitioner.

             (2)  The order shall only be made on notice to all parties and shall specify the time, place, manner, conditions and scope of the examination and the medical practitioner by whom it is to be made and unless it is otherwise ordered, the examination shall be at the expense of the party requesting the same.

             (3)  The Court may order a further examination or examinations on such terms as to costs or otherwise as it deems just.

             (4)  Where the parties agree on the form of the order to be issued under rule 34.01(1), it may be issued by the Registrar.

1986 c42 Sch D rule 34.01

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Scope of examination

34.02. (1) A medical practitioner may, in conducting the examination of a party under rule 34.01, ask the party any relevant questions concerning his or her medical condition and history and the party shall answer the questions.

             (2)  Where a person to be examined consents in writing or the Court so orders, the examining medical practitioner may examine medical records and x-rays previously made or taken, have analyses made of samples of blood and body fluids and have other tests recognized by medical science conducted including without restricting the generality of the foregoing, x-rays, electrocardiographs and electro-encephalographs.

1986 c42 Sch D rule 34.02

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Persons in attendance at examination

34.03. Except with the consent of the Court, no person other than the person being examined, a medical practitioner making the examination, his or her nurse or assistant and a medical practitioner nominated by the party being examined, if any, shall be present at any examination made under rule 34.01.

1986 c42 Sch D rule 34.03

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Medical reports

34.04. (1) A party causing an examination to be made under rule 34.01 shall promptly serve on every other party a copy of any written report of the examination that the examining medical practitioner may make.

             (2)  The party causing an examination to be made under rule 34.01 shall be entitled upon written request to receive promptly from the party being examined, a report of any examination of that party previously made by any medical practitioner, relating to any relevant mental or physical condition of the party, and the report shall be made available to the medical practitioner making the examination.

1986 c42 Sch D rule 34.04

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Use of medical reports on a trial or hearing

34.05. Unless a medical practitioner who prepares a medical report attends on a trial or hearing to give evidence or the parties otherwise agree, a report of a medical practitioner, whether obtained under Rule 34 or otherwise, shall not be used in evidence, either directly or indirectly, on the trial or hearing.

1986 c42 Sch D rule 34.05

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Penalty for failure to be examined etc.

34.06. (1) When a party fails to submit to an examination or deliver a medical report as required by Rule 34, the party shall not be liable to contempt but shall, if a plaintiff, be liable to have his or her proceeding dismissed, or, if a defendant, to have his or her defence struck out.

             (2)  A medical practitioner who fails to make or supply a medical report under Rule 34 shall, unless the Court otherwise orders, be excluded from giving evidence at a trial and his or her affidavit shall not be admissible on a hearing.

1986 c42 Sch D rule 34.06