Teresa Broers

The insurer brought a motion to stay the arbitration on the grounds that the insured refused to attend a proposed in-home occupational therapy assessment as part of its catastrophic impairment assessment process.

The arbitrator dismissed the motion, finding that the insurer failed to demonstrate that the further assessment was reasonably necessary under section 44 of the Statutory Accident Benefits Schedule.

The insurer's neuropsychologist had access to numerous existing occupational therapy reports and failed to provide a credible explanation for why a new assessment was required.

Furthermore, the arbitrator held that even if the assessment were necessary, a stay would not be the appropriate remedy, as the insurer failed to establish irreparable harm or that the balance of convenience favoured a stay.