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Motion to dismiss for missed insurer examinations denied; 120-day stay ordered to complete assessments.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer brought a motion to dismiss the application under s. 55(1)2 of the Statutory Accident Benefits Schedule, arguing the applicant was statute-barred for failing to attend three scheduled insurer examinations.
The applicant argued the notices of examination were non-compliant and that his medical conditions prevented his attendance.
The Tribunal found the notices were compliant and the requested examinations were reasonably necessary.
However, the Tribunal concluded that dismissing the application would be unduly prejudicial.
Instead, the Tribunal denied the motion to dismiss and ordered a 120-day stay of proceedings to allow the respondent to conduct the outstanding examinations with appropriate accommodations.
