Defence Medical Examinations and Obligations In the recent case of Nikolakakos v. Hoque, 2015 ONSC 4738, the Court addressed the issue of whether the defendant had to provide the plaintiff with a copy of their instruction letter to their medical examiner who was scheduled to examine the plaintiff, prior to the examination taking place. In court actions, where the physical or mental condition of a party is in question, a party can seek the medical examination of the other party. Rule 33.01 of the Rules of Civil procedure states: A motion by an adverse party for an order under section 105 of the Courts of Justice Act for the physical or mental examination of a party whose physical or mental condition is in question in a proceeding shall …