Insurer's eve-of-hearing motion to compel section 42 assessments and adjourn arbitration dismissed.
The insurer brought a motion for an order compelling the applicant to attend further psychological and orthopaedic assessments under section 42 of the Statutory Accident Benefits Schedule, and for an adjournment of the upcoming arbitration hearing.
The arbitrator dismissed the motion, finding it to be an exercise in tactical brinkmanship on the eve of the hearing.
The insurer failed to provide a reasonable explanation for its delay in requesting the assessments, despite having early notice of the psychological and orthopaedic components of the claim.
Furthermore, the arbitrator noted a lack of jurisdiction to directly compel attendance at a section 42 examination.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2008
