The difference between justified and unjustified IME requests becomes much clearer following the Ontario Human Rights Tribunal's («HRTO «-RRB- recent decision in Bottiglia v. Ottawa Catholic School Board («Bottiglia «-RRB-.
Previously, such employers ran the risk of an IME request being unjustified or ordered in bad faith, and as a potential basis for, or a contributor to, a subsequent discrimination complaint or wrongful dismissal lawsuit.