The insurer brought a motion for expenses thrown away after bringing a third-party production motion to obtain the applicant's complete student file from the Academy of Learning.
The file was ultimately produced just before the motion hearing.
The insurer argued the applicant failed to produce the entire file despite attending the Academy.
The arbitrator found no clear evidence of abuse by the applicant and declined to make an interim expense order, leaving the issue of expenses to the hearing arbitrator.
