Leave to appeal preliminary order regarding catastrophic impairment assessments denied; insurer's right to choose assessors is qualified by reasonableness.
The appellant insurer sought leave to appeal a preliminary order of an arbitrator that directed it to proceed with a determination of catastrophic impairment based on a paper review by a previously retained psychiatrist, rather than requiring the respondent to attend four new in-person examinations.
The respondent had refused to attend the new examinations based on her treating psychologist's opinion that they posed a significant risk of harm and increased suicide risk.
The Director's Delegate refused to admit fresh evidence, denied leave to appeal the preliminary order, and denied a stay of the arbitrator's order.
The Delegate found that the insurer's right to choose its assessors under section 42 of the Schedule is qualified by reasonableness, and that the appeal did not raise novel issues or demonstrate sufficient prejudice to warrant an exception to the general rule against appealing preliminary orders.
Costs of $5,539.68 were awarded to the respondent.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 4, 2009
