Insured ordered to attend neuropsychological assessment for catastrophic impairment determination; arbitration stayed pending attendance.
The insurer brought a motion to compel the insured to attend a section 44 neuropsychological assessment to determine catastrophic impairment, and to stay the arbitration until she attended.
The insured had refused to attend, arguing she had not alleged a head injury or cognitive problems other than psychiatric issues.
The arbitrator found the assessment was reasonably necessary and fair, as the insured had raised catastrophic impairment as a new issue and her own psychiatrist's report noted cognitive complaints.
The motion was granted and the arbitration was stayed pending the assessment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 7, 2013
