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Court orders vocational assessment but refuses access to GMAT testing database.
In a high‑value personal injury action arising from an on‑ice hockey incident, the defendant moved under s. 105 of the Courts of Justice Act and Rule 33 for orders compelling the plaintiff to attend a vocational assessment and to authorize access to detailed GMAT testing data.
The plaintiff alleged permanent cognitive impairment and loss of future earning capacity exceeding $60 million.
The court held that a further psychovocational examination was justified because newly delivered expert reports placed the plaintiff’s post‑injury vocational capacity squarely in issue and fairness required the defendant to obtain responsive expert evidence.
However, the court declined to compel authorization for access to the GMAT database, finding the detailed testing data irrelevant to the material issues in dispute.
The motion was therefore granted in part and dismissed in part.
Residual earning capacity confirmed at $25,301 annually for entry-level clerical work despite applicant's lack of interest.
The applicant was injured in a motor vehicle accident, resulting in finger amputations and post-traumatic stress disorder, preventing him from returning to his pre-accident work as a construction labourer.
The insurer paid loss of earning capacity benefits based on a residual earning capacity (REC) of $25,301.00 annually for entry-level clerical work, as determined by a DAC assessment.
The applicant disputed this REC, arguing that clerical work was unsuitable given his personal and vocational characteristics and the possibility of psychological deterioration.
The arbitrator found that the proposed clerical occupation met the criteria under section 30 of the Schedule, noting that the applicant's young age, lack of specialized transferable skills, and social competence made the occupation suitable despite his lack of interest and the lower income compared to his pre-accident earnings.
The REC was confirmed at $25,301.00 annually.
