Applicant ordered to attend insurer's psychovocational assessment to ensure fairness after filing late expert report.
The applicant in a statutory accident benefits dispute served a late psychovocational assessment report shortly before the arbitration hearing.
The insurer brought a motion seeking an order that the applicant attend a psychovocational assessment by its own expert to respond to the late report.
The arbitrator granted the motion, holding that fairness and the arbitrator's duty to control the hearing process required that the insurer be given a reasonable opportunity to respond, which included an independent assessment of the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 11, 2003