The applicant and respondent both brought motions for the production of documents in a statutory accident benefits dispute.
The applicant sought the production of the adjuster's log notes and communications to insurer examination assessors regarding the denial of an income replacement benefit.
The respondent sought the production of the applicant's pre-accident and post-accident clinical notes and records.
The Tribunal granted both motions, finding that the adjuster's log notes were created while the file was still being adjusted and not for the dominant purpose of litigation, and that the applicant's medical records were relevant to the issue of causation given his pre-existing psychological issues.
