Arbitration stayed because applicant failed to make himself reasonably available by arriving late to IME.
The applicant was injured in a motor vehicle accident and received weekly income benefits for three years.
When the insurer terminated benefits, the applicant applied for arbitration and subsequently produced a psychiatric report diagnosing him with major depression.
The insurer scheduled a psychiatric independent medical examination (IME), but the applicant arrived 40 minutes late to the 90-minute appointment, leaving insufficient time for an assessment.
The arbitrator held that arriving unreasonably late frustrated the purpose of the IME and constituted a failure to make oneself reasonably available under section 25 of the Schedule.
The arbitration was stayed until the applicant attended a psychiatric IME.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 22, 1995
