2 total
Application dismissed decision
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.
Arbitration application dismissed after applicant's documents excluded for late service and no evidence presented.
The applicant sought accident benefits following a motor vehicle accident.
At the arbitration hearing, the applicant did not attend in person.
The arbitrator denied the insurer's motions to dismiss the application based on the applicant's absence and failure to comply with production orders.
However, the arbitrator granted the insurer's motion to exclude the applicant's arbitration brief and witness list because they were served late without extraordinary circumstances.
The arbitrator denied the applicant's subsequent request for an adjournment.
As the applicant presented no evidence to prove her claim, the application for arbitration was dismissed.
The insurer was awarded expenses of $8,033.71.
