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Motion for late defence medicals dismissed; limited social media disclosure ordered based on proportionality.
The defendants in a motor vehicle accident claim brought a motion to compel the plaintiff to attend defence medical examinations and to disclose the entire contents of her social media accounts.
The court dismissed the request for medical examinations, finding the defendants failed to provide a reasonable explanation for seeking the examinations long after the deadline for serving expert reports under Rule 53.03 had passed.
Regarding the social media accounts, the court declined to order blanket disclosure due to privacy concerns, but ordered the plaintiff to produce a further and better Affidavit of Documents listing relevant photographs.
Applicant held to Minor Injury Guideline limit after failing to prove psychological impairment or pre-existing condition.
The applicant sought accident benefits following a motor vehicle accident.
The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied three treatment plans.
The applicant argued she should be removed from the MIG due to a psychological impairment and a pre-existing condition of pregnancy.
The Tribunal found the applicant failed to prove a psychological impairment, giving significant weight to the respondent's psychological assessment and noting the applicant's failure to attend numerous insurer examinations.
The Tribunal also found no evidence that her pregnancy precluded recovery within the MIG.
The applicant was awarded the $305.75 remaining under her MIG limit for one treatment plan, but the other plans and interest were denied.
