The applicant insurer sought judicial review of a Director's Delegate decision that overturned an arbitrator's order granting an adjournment and requiring the insured to attend an independent medical examination.
The insured had delivered new orthopedic reports shortly before the scheduled arbitration.
The Divisional Court exercised its discretion to hear the interlocutory judicial review, finding that proceeding without the examination would deny the insurer procedural fairness and amount to trial by ambush.
The Court held that the Director's Delegate unreasonably fettered the arbitrator's discretion to ensure a fair hearing by requiring 'extraordinary circumstances' for an adjournment.
The decision of the Director's Delegate was quashed and the arbitrator's decision restored.
