The applicant insurer sought an order compelling six statutory accident benefits (SABS) claimants to attend examinations under oath (EUOs) as a test case on whether a justification is required under s. 33(2) of the SABS.
The court held that s. 33(4)3 mandates the insurer to provide a specific reason or reasons for the EUO, beyond a general statement of purpose or scope.
The court found that the insurer failed to provide such meaningful reasons to any of the respondents, thus they were not obligated to attend the examinations.
The application was dismissed.
