The applicant in a statutory accident benefits dispute brought a motion to compel the respondent's claims adjuster and lead counsel to give oral evidence at an upcoming hearing for three other motions.
The applicant alleged improprieties and coaching during the adjuster's cross-examination.
The Tribunal dismissed the motion, finding that the five days of cross-examination transcripts were sufficient for the applicant to present her case, and that fairness did not dictate turning the motion into a trial by requiring oral evidence from the adjuster or opposing counsel.
