The appellant applied for a disability pension and submitted a medical opinion stating she was totally and permanently disabled.
The respondent's physician agreed she was totally disabled but disputed that the condition was permanent.
An independent medical referee was appointed under the pension plan but concluded the appellant was not totally disabled, despite this not being in dispute.
The motion judge granted summary judgment for the respondent, finding the referee was entitled to make a full determination.
The Court of Appeal allowed the appeal, holding that the referee's role under the plan is to resolve the specific dispute between the physicians, not to substitute a new opinion on undisputed matters.
