Arbitrator's order for production of tort DME reports and attendance at an IME upheld on appeal.
The appellant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer terminated income replacement benefits and the matter proceeded to arbitration.
The insurer brought a motion for the production of defence medical examination (DME) reports from the appellant's related tort action, and for an order requiring the appellant to attend a neuropsychological insurer's medical examination (IME).
The arbitrator ordered the production of the DME reports and found the IME reasonable.
On appeal, the Director's Delegate upheld the arbitrator's decisions, finding no error in law.
The Delegate held that fairness dictated the production of the DME reports because the appellant's own experts had reviewed and relied upon them.
The Delegate also found the neuropsychological IME reasonable, particularly since the equivalent DME was incomplete due to the appellant's physical illness.
Sros (Elizabeth) Thi Thach v. State Farm Mutual Automobile Insurance Company, 2011 ONFSCDRS 68