2 total
Applicant barred from pursuing certain accident benefits after failing to attend insurer examinations without reasonable explanation.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent raised a preliminary issue, arguing the applicant was barred from proceeding with his claims because he failed to attend insurer examinations under section 44 of the Schedule.
The Tribunal found the applicant failed to attend examinations for catastrophic impairment and income replacement benefits without a reasonable explanation, barring those claims under section 55.
However, the respondent did not establish that examinations were requested for the chronic pain assessment or attendant care benefits, allowing those claims to proceed.
Paralegal removed as representative of record in catastrophic impairment dispute for acting outside permissible scope of practice.
The applicant sought statutory accident benefits following a motor vehicle accident, and the matter proceeded to a written preliminary issue hearing regarding catastrophic impairment.
The Tribunal identified that the applicant's representative was a licensed paralegal, who is prohibited by Law Society of Ontario By-Laws from acting in matters where catastrophic impairment is in dispute.
The Tribunal struck the paralegal's written submissions from the record and removed him as the representative of record, granting the applicant 30 days to retain authorized counsel or proceed self-represented.
