C-25.01 - Code of Civil Procedure

Section 242 Disposition versions

2016-01-01

242. A party, the person who is the subject of an application relating to personal integrity, status or capacity, or the person who suffered the injury having given rise to the dispute cannot be required to undergo a physical or mental examination unless their physical or mental condition must be considered in order to rule on the matter. Even in such a case, the examination must be warranted given the nature, complexity and purpose of the judicial application.

A psychosocial examination may be only requested in cases where personal integrity, status or capacity is at issue and if such an examination is necessary in order to rule on the matter. In family matters, a psychosocial examination cannot be conducted unless the person concerned consents to it or, in cases where the parents differ on the advisability of themselves or their child being subjected to such an examination, the court orders it.

2014, c. 1, a. 242.