Insurer's motion to stay arbitration denied; late request for medical examination found not reasonably necessary.
The insurer brought a motion to stay the arbitration hearing on the basis that the claimant refused to attend an insurer's medical examination (IME) with a neuro-psychiatrist.
The claimant argued the request was neither reasonable nor timely, as it was made close to the hearing date and the insurer already had numerous assessments in its favour.
The arbitrator found that the insurer's request was not reasonably necessary, noting that the insurer had ample time to request the IME earlier and that the chosen doctor had already concluded from a paper review that the claimant's injuries were not accident-related.
The motion was dismissed and the arbitration was ordered to proceed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 9, 2005
