Jacobson v. Sveen, 2001 ABQB 989

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 16, 2001
• Citations: 2001 ABQB 989;(2001), 313 A.R. 104 (QB)

Jacobson v. Sveen (2001), 313 A.R. 104 (QB)

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. NO.094

Gwendolyn D. Jacobson (plaintiff) v. Kenneth Sveen and Myrna F. Sveen (defendants)

(Action No. 9303 06160)

Gwendolyn D. Jacobson (plaintiff) v. Harold Pendleton (defendant)

(Action No. 9303 06162)

Gwendolyn D. Jacobson (plaintiff) v. Canada West Insurance Co. (defendant)

(Action No. 9303 06161; 2001 ABQB 989)

Indexed As: Jacobson v. Sveen

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

November 16, 2001.

Summary:

Jacobson sued for injuries she suffered in two unrelated motor vehicle accidents. Several defendants applied under rule 217 for an order requiring Jacobson to attend for psychological testing by a neuropsychologist, and for a physical and psychiatric examination by a psychiatrist.

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

Practice - Topic 4777

Discovery - Physical or psychological examination - Circumstances when ordered - Jacobson sued for injuries she suffered in two unrelated motor vehicle accidents - Several defendants applied under rule 217 for an order requiring Jacobson to attend for psychological testing by a neuropsychologist, and for a physical and psychiatric examination by a psychiatrist - Jacobson objected, arguing that she had only placed her physical condition, not her mental condition, in issue - Further, she argued that the defendants' delay of eight years since the litigation began made this application prejudicial - The Alberta Court of Queen's Bench allowed the application -Any prejudice could be compensated by an award of costs, and a reasonable theory of somatization was outlined by a psychiatrist retained by the defendants - The requested assessments would be of assistance to the court, and Jacobson had made a large claim against the defendants - See paragraphs 6 to 30.

Practice - Topic 4786

Discovery - Physical or psychological examination - By vocational therapist or psychologist - [See Practice - Topic 4777 ].

Cases Noticed:

Grayson v. Demers, [1975] 2 W.W.R. 289; 57 D.L.R.(3d) 211, (Alta. C.A.), refd to. [para. 5].

Petersen v. Shepard, [1985] 3 W.W.R. 405; 58 A.R. 240; 36 Alta. L.R.(2d) 292; 2 C.P.C.(2d) 215 (Q.B.), refd to. [para. 5].

Lyons v. Khamsanevongsy (1997), 207 A.R. 385; 13 C.P.C.(4th) 81 (Q.B.), refd to. [para. 5].

LaBell v. Jo (R.) Enterprises Ltd. et al. (1990), 105 A.R. 319 (C.A.), refd to. [para. 5].

Stirling v. Mangembulude et al. (2000), 272 A.R. 184 (Q.B.), refd to. [para. 5].

Blackburn et al. v. Kochs Trucking Inc. et al., [1988] 4 W.W.R. 272; 86 A.R. 321; 58 Alta. L.R.(2d) 358; 25 C.P.C.(2d) 113 (Q.B.), refd to. [para. 5].

Bilinski v. Wangerin, [1994] 3 W.W.R. 379; 147 A.R. 211; 15 Alta. L.R.(3d) 100; 27 C.P.C.(3d) 346 (Q.B.), refd to. [para. 5].

Counsel:

Douglas J. Boyer (Bryan & Company), for the applicants;

Helmut Berndt (Berndt & Associates), for the plaintiff/respondent;

Jason Van Doesburg (Campbell & Van Doesburg), for the defendants, Pendleton and the Motor Vehicle Accident Claims Act Administrator.

This application was heard on November 5 and 13, 2001, by Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on November 16, 2001.