Nygard's lawyers contended that the motions judge "unfairly discounted" the relevance of a medical report that assessed Nygard's health and suitability for bail, stating that his appeal may be seen as "weak" but deserves reconsideration due to legitimate health concerns.
Justice Lene Madsen, while reviewing the bail decision, expressed doubts about the new medical report's reliability, emphasizing that it leaned heavily on Nygard's self-reported health issues and noted that his health had already been a factor during sentencing.
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