The plaintiff, an insured person, brought an action against a medical assessment firm and its assessors, alleging they fraudulently or negligently altered medical reports to minimize her statutory accident benefits.
The defendants moved to strike the statement of claim, arguing the Licence Appeal Tribunal had exclusive jurisdiction, the pleadings disclosed no reasonable cause of action, and the action was an abuse of process.
The court held it had jurisdiction over tort claims against non-insurer third parties.
The court struck the direct claims for fraudulent and negligent misrepresentation due to lack of proximity, but allowed the claims for the tort of unlawful means, inducing breach of contract, and negligence to proceed, finding that the application of expert witness immunity should be determined at trial.
