Civil Procedure Rules of Nova Scotia  
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Part 5 - Disclosure and Discovery

Rule 21 - Medical Examination and Testing

Scope of Rule 21
21.01   A judge may order a medical examination or test, in accordance with this Rule.
       
Medical examination
21.02 (1) A party who, by a claim, defence, or ground, puts in issue the party’s own physical or mental condition may be ordered to submit to a physical or mental examination by a medical practitioner.
  (2) The party who puts their own physical or mental condition in issue has the burden to satisfy the judge that the party should not be examined.
  (3) A party who puts in issue the physical or mental condition of another party may make a motion for an order that the other party submit to a physical or mental examination by a medical practitioner, and the party must satisfy the judge on all of the following:
   
(a)
the party has, by a claim, defence, or ground, put in issue the other party’s physical or mental condition;
   
(b)
the claim, defence, or ground putting the other party’s condition in issue is supported by evidence;
   
(c)
the examination may result in evidence that proves or disproves the claim, defence, or ground.
  (4) A party being examined under an order must co-operate in the examination, including giving answers to questions asked by the practitioner as part of the examination.
  (5) An order for a medical examination must include a description of the purpose of the examination and a requirement that the party to be examined attend for the examination, including the name of the practitioner and either the time, date, and place of the appointment or a method to determine a time, date, and place for the examination.
  (6) The order may contain any other necessary provisions, including any of the following requirements:
   
(a)
the party to be examined undergo a test and deliver evidence of the results to the practitioner before the examination;
   
(b)
a person deliver relevant documents to the practitioner before the examination;
   
(c)
the practitioner, by a deadline, deliver an expert’s report to the party who obtains the order;
   
(d)
the party receiving the report, by a deadline, deliver a copy to each other party.
       
Number of medical examinations
21.03   A judge may order more than one examination of the same party if different physical or mental conditions in issue pertain to different medical specialities, the same condition clearly calls for opinions from different specialists, or justice will be served by permitting an additional examination.
       
Who may attend an examination
21.04   Only the party, the examining practitioner, the practitioner’s medical assistants, and one qualified medical practitioner appointed by the party as an observer may attend the examination, unless the parties agree or a judge orders otherwise.
       
Medical report
21.05 (1) A practitioner who completes an examination must deliver an expert’s report, conforming with Rule 55 - Expert Opinion, to the party who obtains the order.
  (2) The party who obtains the order must immediately deliver the report to all other parties.
       
Medical test
21.06 (1) A judge who is satisfied on both of the following may order a party to undergo a test recognized by medical science, to provide a sample or permit a sample to be taken from the party’s body for use in a test recognized by medical science, or to both undergo a test and provide a sample:
   
(a)
compliance with the order will likely lead to relevant evidence;
   
(b)
the value of the evidence outweighs the inconvenience or embarrassment that would be caused to the person giving the sample or undergoing the test.
  (2) An order for a medical test must include a requirement that the party undergo the test, provide the sample, or permit the sample to be taken, and include all of the following information:
   
(a)
the name and address of the person to whom, or the address of the place at which, the party must report;
   
(b)
a method by which the time and place for taking or providing the sample, or administering the test, is to be determined.
  (3) The party is entitled to have one person accompany the party, as an observer, when the sample is provided or taken, or the test is administered.
  (4) The order may contain any other provisions, including any of the following requirements:
   
(a)
a person deliver relevant documents for the use of the person testing a sample or administering a test;
   
(b)
a person administering a test, or taking a sample, exclude persons except as permitted in the order;
   
(c)
by a deadline, the person administering the test or taking the sample, or another person involved with the testing, deliver a report of the results of the test to the party who obtained the order;
   
(d)
the party receiving the report, by a deadline, deliver a copy to each other party.
  (5) A party who intends to prove the results of a test as an expert opinion must deliver an expert’s report in compliance with Rule 55 - Expert Opinion.
       
Information and reports
21.07   A party may provide any information, including information disclosed in the proceeding, to a medical practitioner examining a party, or a person testing a party or taking a sample.
       
Cost of medical examination and test
21.08 (1) The party who obtains an order for an examination or test must pay all of the following expenses:
   
(a)
professional and technical charges, except the charges of a person attending as an observer for the party being examined;
   
(b)
reasonable costs of the party being examined or tested to attend the examination or test, or to provide a sample;
   
(c)
wages lost by the party as a result of attending an examination or test, or providing a sample.
       

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