Ms. Sherry Mosher Taillefer

The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 (mental and behavioural disorders) following a 2012 motor vehicle accident.

The Tribunal first dismissed the applicant's preliminary motion for summary judgment, finding no jurisdiction to dispose of substantive issues without a hearing.

On the merits, the Tribunal preferred the evidence of the respondent's psychiatric expert over the applicant's expert, finding that the applicant's functional impairments were primarily caused by physical chronic pain rather than an accident-related mental or behavioural disorder.

The Tribunal concluded the applicant did not suffer a marked or extreme impairment in any of the four areas of functioning.

The application was dismissed, and the applicant was ordered to pay $250 in costs for unreasonable delays in producing disclosures.

The insurer brought a motion to compel the insured to attend an independent medical examination (IME) with a psychologist and to stay the arbitration pending the examination.

The insured had submitted reports from a psychologist and a psychiatrist supporting her claim for catastrophic impairment.

The insurer had previously obtained reports from a psychiatrist and an occupational therapist who opined that the insured's complaints were not accident-related, but the insurer had not obtained a psychological assessment.

After receiving an updated report from the insured's psychologist, the insurer requested a psychological IME.

The Arbitrator found the request reasonable and necessary to allow the insurer to assess the catastrophic impairment claim and ensure a fair hearing.

The motion to compel the IME was granted, but the request for a stay was dismissed as there was ample time before the hearing.