Deficient insurer's examination notice triggers obligation to pay non-earner benefits despite lack of substantive evidence.
The applicant sought statutory accident benefits following a motor vehicle accident.
The applicant relied exclusively on procedural arguments, claiming the respondent failed to comply with notice provisions under the Schedule.
The Tribunal found the applicant remained in the Minor Injury Guideline and was not entitled to the disputed treatment plan, as he failed to lead substantive evidence and the respondent's notices regarding the treatment plan were compliant.
However, the Tribunal found the respondent's notice requiring an insurer's examination for the non-earner benefit was deficient under section 44(5) of the Schedule.
Consequently, the respondent was ordered to pay the non-earner benefit pursuant to section 36(6).
The claim for an award was dismissed.
OLATOntario Licence Appeal TribunalDec 30, 2024
