Baker v. Yacyshen, (1999) 253 A.R. 373 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 29, 1999
• Citations: (1999), 253 A.R. 373 (QB)

Baker v. Yacyshen (1999), 253 A.R. 373 (QB)

MLB headnote and full text

Temp. Cite: [1999] A.R. TBEd. NO.079

Linda Rose Baker and Savanna Dawn Baker, an infant, by her next friend, Linda Rose Baker (respondent/plaintiff) v. Stephan Metro Yacyshen and Steven Gene Yaceshen, also known as Stan Gene Yaceshen (applicant/defendant)

(Action No. 9603-16114)

Indexed As: Baker v. Yacyshen

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

November 10, 1999.

Summary:

Baker was injured in two motor vehicle accidents. She sued for damages. Baker was examined by a doctor, who was retained by the defendant in the first action. The defend­ant in the second action applied for an order directing Baker to be examined by a medical doctor and psychologist.

The Alberta Court of Queen's Bench allowed the application.

Practice - Topic 4777

Discovery - Physical or psychological examination - Circumstances when ordered (incl. multiple examinations) - Baker was injured in two motor vehicle accidents - She sued for damages - Baker was exam­ined by a doctor, who was retained by the defendant in the first action - The defen­dant in the second action applied for an order directing Baker to be examined by a medical doctor and psy­chologist - Baker submitted that she had already been exam­ined by a medical doctor and other than a deep psychological de­pression caused by the accidents, she had not put her emo­tional or psychological state into issue - The Alberta Court of Queen's Bench allowed the application - Granting the defendant an exam­ination of Baker by one qualified medical doctor and one qualified psychologist was reasonable.

Practice - Topic 4786

Discovery - Physical or psychological examination - By vocational therapist or pschologist - Baker was injured in two motor vehicle accidents - She sued for damages - Baker was examined by a doc­tor, who was retained by the defendant in the first action - The defendant in the second action applied for an order direct­ing Baker to be examined by a psychol­ogist, which a medi­cal doctor believed to be necessary - Baker was seen by a psy­chologist, but had not served a statement by the psychologist - Baker submitted that other than a deep psychological depression caused by the accidents, she had not put her emotional or psychological state into issue - The Alberta Court of Queen's Bench held, inter alia, that a psychologist's examination was reasonable - The court discussed the rel­evant factors in granting this assessment - See paragraphs 13 to 75.

Cases Noticed:

Maniram et al. v. Jagmohan et al. (1988), 31 C.P.C.(2d) 293 (Ont. S.C.), refd to. [para. 14].

Murdoch v. Brimmage and Low (1995), 168 A.R. 75 (Q.B.), refd to. [para. 14].

O'Sullivan et al. v. Kidney et al. (1975), 7 O.R.(2d) 518 (H.C.), refd to. [para. 16].

Kathpalia v. Acker et al. (1978), 5 C.P.C. 311 (Ont. S.C. Master), refd to. [para. 16].

Kontosdoros et al. v. Dodoro et al. (1987), 15 C.P.C.(2d) 247 (Ont. S.C. Master), aff'd (1987) 23 C.P.C.(2d) 111 (Ont. H.C.), refd to. [para. 16].

Carifelle v. Griepe (1989), 35 C.P.C.(2d) 15 (Alta. C.A.), refd to. [para. 21].

Tat v. Ellis et al. (1994), 155 A.R. 390; 73 W.A.C. 390; 21 Alta. L.R.(3d) 7 (C.A.), refd to. [para. 24].

Babyn et al. v. Patel (1998), 217 A.R. 187 (Q.B.), refd to. [para. 48].

Pommen v. Genest (1997), 208 A.R. 301 (Q.B.), refd to. [para. 63].

Lyons v. Khamsanevongsy (1997), 207 A.R. 385 (Q.B.), refd to. [para. 70].

Counsel:

Peter D. Gibson (Field Atkinson Perraton), for the applicant/defendant;

Charles D. Gardner (Birdsell Grant and Gardner), for the respondent/plaintiff.

This application was heard on October 29, 1999, by Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmon­ton, who delivered the following decision on Novem­ber 10, 1999.