Insurer's request for medical examinations was reasonable, but arbitrator lacked jurisdiction to stay proceedings.
The responding party was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the moving party insurer.
The responding party applied for arbitration.
Shortly before the hearing, the moving party brought a motion to stay the proceeding because the responding party refused to attend psychiatric and neuropsychological examinations requested by the moving party.
The Arbitrator found that the moving party's requests for the examinations were reasonable under section 23(2) of the Statutory Accident Benefits Schedule, given the conflicting medical evidence regarding the responding party's cognitive and emotional impairments.
However, the Arbitrator dismissed the moving party's motion for a stay, concluding that there was no statutory authority under the Insurance Act or the Schedule to stay the proceedings or compel attendance at the examinations.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 25, 1996
