Dr. Vincent

The defendants brought a motion at the commencement of trial to exclude a late-served expert radiology report from the plaintiff.

The plaintiff argued the report was necessary for a fair determination on the merits, as it analyzed actual CT images rather than relying on previous radiology reports.

The court found the evidence relevant, probative, and necessary.

The court granted leave to admit the late-served report and adjourned the trial to allow the defendants to obtain a responding radiologist's report.

The appellant appealed an arbitration order denying his claim for ongoing income replacement benefits and chiropractic expenses following a motor vehicle accident.

The arbitrator had found that the appellant's inability to work as a carpenter was due to pre-existing, degenerative back and shoulder problems, rather than the accident.

On appeal, the Director's Delegate upheld the arbitrator's findings on causation and the denial of benefits, concluding there was no error of law and the findings were supported by the evidence.

However, a claim for other rehabilitation expenses that was inadvertently overlooked at arbitration was remitted for determination.