2 total
Application for accident benefits dismissed as applicant failed to attend insurer's examinations without reasonable explanation.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied a treatment plan and required the applicant to attend orthopaedic and psychological insurer's examinations under s. 44 of the Schedule.
The applicant failed to attend both examinations.
The insurer argued the applicant was barred from proceeding under s. 55(1)2.
The Tribunal found the applicant did not provide a reasonable explanation for her non-attendance and that the notices of examination complied with s. 44(5).
The Tribunal held the applicant was statute-barred from proceeding and dismissed the application.
Motion to add defendants granted; discoverability of construction defects raised a triable issue of fact.
The plaintiffs brought a motion to amend their Statement of Claim to add several contractors as defendants in an action concerning construction defects in their home.
One proposed defendant, a roofing contractor, opposed the motion, arguing the limitation period had expired, the death of its sole employee caused irredeemable prejudice, and the claim for pure economic loss was not legally tenable.
The court granted the motion, finding that there was a genuine issue of fact regarding when the claim was discoverable, that the death of the employee did not cause non-compensable prejudice, and that the proposed amendments disclosed a legally tenable cause of action.
