Application for accident benefits dismissed after applicant's late submissions were excluded for non-compliance with procedural orders.
The applicant sought various medical and rehabilitation benefits following a motor vehicle accident, which were denied by the respondent insurer.
The Tribunal excluded the applicant's late-filed written submissions due to non-compliance with the case conference report and order, finding that admitting them would breach procedural fairness and prejudice the respondent.
Relying on the respondent's insurer examination reports, the Tribunal found the applicant failed to meet her evidentiary burden to establish that the proposed treatment plans for visual therapy, occupational therapy, psychological services, and chiropractic/massage treatment were reasonable and necessary.
The application was dismissed in its entirety, with no entitlement to an award or interest.
OLATOntario Licence Appeal TribunalDec 5, 2023
