The insurer brought a motion seeking an order to compel the insured to attend an in-home occupational therapy assessment for attendant care and other disability benefits.
The arbitrator dismissed the motion, finding that arbitrators at the Financial Services Commission of Ontario lack the statutory jurisdiction to order an insured to attend a medical examination.
Furthermore, the arbitrator held that even if jurisdiction existed, the insurer failed to demonstrate that the requested examination was reasonable and necessary, particularly given its proximity to the scheduled arbitration hearing.
The insured was awarded expenses for the motion.
