Ziebenhaus et al., minors by their Litigation Guardian Ziebenhaus et al. v Bahlieda et al., 2015 ONCA 471 – This is an appeal of a motion granted for an order requiring the Plaintiff in a personal injury action to undergo an assessment by a vocational assessor.
The Appellant, Alexander Ziebenhaus, was injured while skiing on a school trip at the Mount St. Louis Moonstone Ski Resort in February 2001. He commenced a personal injury action for damages against the Resort (the “Respondent”). The Respondent brought a motion for an order requiring the Appellant to undergo a vocational assessment by an assessor it had selected. The motion was granted. The Appellant appealed the decision on the basis that the motion judge did not have jurisdiction to order an assessment to be completed by an individual who was not a “health practitioner” as defined in section 105 of the Courts of Justice Act (the “Act”). The Divisional Court upheld the decision. The Appellant appealed to the Ontario Court of Appeal.

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