Insurer's motion for productions denied for lack of evidence; Applicant's adjournment request granted due to Insurer's delay.
The Insurer brought a motion for an adjournment and an order compelling the Applicant and third parties to produce various documents.
The Applicant opposed the motion and brought a cross-motion for an adjournment to mediate the issue of catastrophic impairment.
The Arbitrator dismissed the Insurer's motion, finding that the Insurer failed to provide any evidence of the relevance or probative value of the requested documents and failed to follow the rules for third-party productions.
The Arbitrator granted the Applicant's request for an adjournment, noting that the delay was caused by the Insurer's failure to promptly arrange a catastrophic impairment assessment.
The Applicant was awarded the expenses of the motion.
Carmelina Taghivand v. Royal & SunAlliance Insurance Company of Canada, 2006 ONFSCDRS 19