Appeal from preliminary order requiring attendance at insurer medical examinations rejected to avoid delay and expense.
The appellant sought leave to appeal a preliminary arbitration order requiring him to attend two insurer medical examinations (IMEs) to assess his entitlement to post-104 week income replacement benefits.
The Director's Delegate declined to exercise discretion under Rule 50.2 of the Dispute Resolution Practice Code to accept the appeal.
The Delegate found that the arbitrator's decision was a preliminary procedural order, and accepting the appeal would add expense and delay rather than facilitate a cost-effective resolution.
The arbitrator had properly considered the relevant criteria for IME requests, including the change in the disability test and procedural fairness, and the appeal did not raise novel or important issues warranting intervention.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 20, 2011
