Imagine walking down the street on a beautiful summer’s day when you suddenly trip over a pothole. You fall and land hard on your shoulder, suffering a fractured humeral head—an injury that leads to months of recovery and rehabilitation. After six months, your fracture may appear “healed” on imaging, yet you continue to experience limited mobility, persistent pain, and reduced strength in the affected arm. This disconnect between clinical imaging and lived experience is not uncommon—and it can be deeply frustrating, both physically and mentally.
In personal injury litigation, Independent Medical Examinations (“IMEs”) play a crucial role in evaluating the long-term impact of your injuries. These assessments are often requested by the opposing party—typically the defence or an insurance company—to help quantify damages and evaluate whether impairments are ongoing and functionally limiting.
IME reports can be a double-edged sword. While they provide objective evidence that may support your claim, they are also used strategically by the defence. Understanding the process and your rights going into an IME can reduce anxiety and ensure you are properly prepared. These examinations are governed by Rule 33 of Ontario’s Rules of Civil Procedure, which outlines important safeguards for all parties involved. Still, questions often arise about what is and isn’t permitted during the examination process. Below are answers to some of the most frequently asked questions about IMEs:
1) Do I have to travel wherever the insurance company tells me to?
The short answer is yes—within reason. Ontario courts have made it clear, including in decisions like Bock v. Argo, that a defendant has the right to select their own medical expert. Unless the proposed location is unduly burdensome or poses a risk to your health, you will likely be required to attend.
If the travel required is excessive, or if attending the appointment would cause serious hardship, your personal injury lawyer can raise these concerns with the opposing party or seek direction from the court.
2) Can I record the defense medical examination?
In most cases, no, you cannot record the examination without permission from the court. The Ontario Superior Court’s decision in Cruz v. Robins reaffirms that individuals being examined are not entitled to record the assessment unless a judge orders otherwise.
The rationale is that recording the session could interfere with the medical expert’s ability to conduct an effective and unbiased examination. However, there are exceptions. If there is documented evidence of prior mistreatment or systemic bias, your lawyer may bring a motion requesting permission to record, which will be considered on a case-by-case basis.
3) Can I bring someone with me into the defense medical examination?
You do not have an automatic right to bring a friend, spouse, or support person into the examination room with you. That said, someone may accompany you to the appointment and wait in the waiting area.
To have someone physically present during the examination itself, you must obtain leave of the court. In Lipovetsky v. Wang, the court emphasized that this is a high threshold, and the individual must demonstrate that the presence of a support person is medically or psychologically necessary.
Even if approved, the support person’s role must be strictly passive. They may not communicate with you or the examiner during the assessment.
Preparing for Your IME
Although the thought of attending a defense IME may be intimidating, being informed about your rights and the legal framework governing these assessments can make a significant difference. Our experienced team of personal injury lawyers at Bergeron Clifford LLP are here to guide you every step of the way—from ensuring your IME is conducted fairly to challenging biased reports in court when necessary.
If you’ve been injured, have questions about your upcoming IME or your rights as a plaintiff in Ontario, contact us today for a free consultation.
Burke Derbyshire is a graduate of LaSalle Secondary School in Kingston. Upon graduation, he attended Queens University on an athletic scholarship where he played for the men’s football team. He then completed his law degree at the University of Leicester, United Kingdom, and was a moot court finalist as well as an active member of the Canadian Law Society.
Burke worked at Bergeron Clifford in the summer of 2023 as a summer student, and is now working as an articling student while also completing his NCA exams.
