The respondent insurer brought a motion to compel the applicant's counsel, who was also her former employer, to testify as a witness at the hearing regarding her claim for attendant care benefits.
The respondent argued the evidence was relevant to the applicant's capabilities since the accident.
The Tribunal dismissed the motion, finding the respondent failed to meet the high threshold of showing the lawyer's evidence was highly material or necessary, particularly since the benefits in dispute were from 2020 onwards while the employment occurred in 2013-2014.
The Tribunal also noted the motion was untimely and compelling the lawyer would improperly deprive the applicant of her choice of counsel.
