Motion to stay arbitration for a further psychiatric IME dismissed as not reasonably necessary.
The insurer brought a motion to stay the arbitration pending the applicant's attendance at a psychiatric insurer's medical examination (IME).
The applicant had previously attended a psychological IME arranged by the insurer, which concluded she suffered a complete inability to work due to depression but could not isolate the accident as the primary cause.
The insurer sought a further psychiatric IME to address causation.
The arbitrator dismissed the motion, finding the insurer had already been afforded a fair opportunity to evaluate the applicant's condition and failed to establish that the additional psychiatric assessment was reasonably necessary.
The applicant was awarded her legal expenses for the motion.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 18, 2005
